What happens if the president-elect dies before being inaugurated?

[ecstatic]

Sorry for the morbid topic, but I was curious about how our Constitution handles this scenario. Basically the answer depends on whether the Electoral College has met or not:

After The Electoral Votes Have Been Cast

After the general election determines which candidates the members of the Electoral College will pledge their votes to, the Electors meet on December 19 to cast their votes. Then, Congress counts these votes on January 6, which actually determines the winner. Finally, on January 20, the presidential inauguration ceremony takes place.

If the president-elect dies after Congress counts the votes and before the inauguration, the 20th Amendment would take care of things. It states that the vice president-elect would assume the role of president-elect. As for whom (the new president elect) would pick as his/her new veep, both Houses of Congress would have to confirm that after the swearing in ceremony.

Before The Electoral College Has Met

Quite a few states — including Arizona, Arkansas, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, North Dakota, Pennsylvania, Tennessee, Texas, Utah and West Virginia — do not have laws binding their electors, which means that in the event that the president-elect dies, those electors could cast their vote for someone else.

As far as the 29 remaining states (plus Washington, D.C.) are concerned, federal law does not dictate that they must continue to cast their vote for the deceased president-elect. Nor does it say that these 29 states must vote for the vice president-elect in the president-elect’s stead. Technically, these electors could vote for whomever they wanted — and that’s where some serious questions arise.

https://allthatsinteresting.com/president-elect-die

[George II]

1. There are no deadlines in the Constitution on nominating a candidate. If need be, a party can....

...probably nominate a new candidate almost up until Election Day. But they'd be hard pressed to win since that new candidate wouldn't have been campaigning for months like "traditional" candidates.

[jberryhill]

2. The federal government doesn't run elections

There are plenty of state ballot deadlines.

Where there is early voting, and absentee ballots have been mailed, what is it you are imagining to be “election day”?

[thesquanderer]

4. The question was about AFTER election day. (Note the reference to "president-elect.") n/t

[George II]

5. Oh, didn't notice that. I presume the VP-elect would become president?

[PoliticAverse]

3. In the US, we don't elect the President, we elect people ("electors") that meet and elect...

the President. Under the Constitution, they can elect whomever they wish, provided the person meets the constitutional requirement to become President. For more on electors and the Electoral College, see:
https://www.archives.gov/electoral-college/electors .

[democrattotheend]

6. Watch Scandal season 6

They dealt with this exact scenario. Also, it was a great show that helped take my mind off the real world after the 2016 election.

[ecstatic]

8. LOL!

I bowed out around season 2 or 3... after the 2nd shark was jumped.

[nsd]

7. 20th Amendment

Specifically, Section 3:

"If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified."

TL/DR: The Vice President-elect takes over.


I think that section was added because FDR was nearly assassinated in Miami the month before he was to be sworn in.