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Presidential succession prior to inauguraton

 
 
Equus
 
Reply Sun 21 Sep, 2008 10:18 am
God forbid that any of the current candidates should meet with misfortune , but what happens if...

A. The President-elect dies (or resigns) between the electoral college vote and inauguration

B. The President-designate dies between the popular vote and the electoral college vote

C. A party Presidential candidate dies between the convention nomination and the popular election?

Also, the same questions if the Vice-President elect/designate/candidate dies. Didn't that actually happen once?
 
BumbleBeeBoogie
 
  1  
Reply Sun 21 Sep, 2008 10:33 am
@Equus,
The new president doesn't take office until the moment of the inauguration oath.

The existing vice president would become president until that moment.

With the death of the elected but not inauguarated presidential candidate, I assume that the not yet inaugaurated vice presidential candidate would become president. I don't know if there is any established legal basis for such an event.

BBB
0 Replies
 
Bi-Polar Bear
 
  2  
Reply Sun 21 Sep, 2008 10:39 am
@Equus,
that's an interesting hypothetical.... I'm sure it will stir much debate.
Equus
 
  1  
Reply Mon 22 Sep, 2008 04:13 pm
@Bi-Polar Bear,
In 1872, the losing Presidential candidate Horace Greeley died inbetween the popular vote and the electoral college vote. His electoral votes wound up being split between four persons (his VP running mate and three others not on the popular ballot). A few electors voted for Greeley anyway but their votes were not counted.
0 Replies
 
joefromchicago
 
  3  
Reply Mon 22 Sep, 2008 06:16 pm
@Equus,
Equus wrote:

God forbid that any of the current candidates should meet with misfortune , but what happens if...

A. The President-elect dies (or resigns) between the electoral college vote and inauguration

"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." That's the twentieth amendment, section 3.

Equus wrote:
B. The President-designate dies between the popular vote and the electoral college vote

Unclear. As you pointed out, the 1872 election is our only guide. From that, we can surmise that the electors will be free to vote for anyone they want (but then, of course, they're already free to vote for anyone they want).

Equus wrote:
C. A party Presidential candidate dies between the convention nomination and the popular election?

Again, that's unclear. Different states have different laws. This article answers -- or doesn't answer -- a lot of these questions.

Equus wrote:
Also, the same questions if the Vice-President elect/designate/candidate dies.

A disaster of biblical proportions. Dogs and cats living together. Mass hysteria.

Equus wrote:
Didn't that actually happen once?

Yes, but no one noticed.
0 Replies
 
Gelisgesti
 
  0  
Reply Mon 22 Sep, 2008 10:58 pm
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=55824

Now why would he do that?
0 Replies
 
Gelisgesti
 
  1  
Reply Mon 22 Sep, 2008 11:06 pm
And why would he do this...

http://mkane.gnn.tv/blogs/27223/Canada_US_Military_civil_unrest_deal_through_NORTHCOM
Equus
 
  2  
Reply Thu 25 Sep, 2008 08:37 pm
@Gelisgesti,
Thanks, JoefromChicago.

There was also the incident in 1849, when inauguration day fell on a Sunday and President-elect Zachary Taylor refused to be inaugurated on the Sabbath. Outgoing President Polk and his VP couldn't legally be President or VP an extra day, and following Taylor's lead, VP-elect Fillmore waited to be inaugurated. In those days, the line of succession went next to the Pres Pro Tempore of the Senate (Today it's Speaker of the House), who at that time was a guy named David Atchison. Atchison claimed to have been President for 24 hours, even though he slept most of the day. (Atchison, KS "Atchison, Topeka and the Santa Fe" was named after him)
Gelisgesti
 
  0  
Reply Thu 25 Sep, 2008 10:39 pm
@Equus,
http://www.armytimes.com/news/2008/09/army_homeland_090708w/

Throw this into the mix and you come up with ........
0 Replies
 
 

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