What Would Happen to the Election if the President Died
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The Twentieth Amendment to the U.South. Constitution governs what happens if the president-elect dies before taking office. In that case, the vice president-elect becomes the president-elect. It is an open legal question whether a candidate becomes the president-elect after winning a majority of the vote in the Electoral College or only after Congress counts the vote.[ane] The Balloter College is scheduled to vote on December 14, 2020, and Congress is scheduled to count the vote on January 6, 2021.[ii]
If the president-elect does not die only becomes incapacitated, he could voluntarily transfer authority to the vice-president after Inauguration 24-hour interval. The Twenty-Fifth Amendment lays out this process. If a president submits a written statement that he "is unable to discharge the powers and duties" of the office, so the vice president becomes acting president. The president can regain the powers and duties of the presidency by submitting a written statement that he is capable of serving again.[three]
The Twenty-5th Amendment too addresses the possibility that the president becomes incapacitated simply is unable or unwilling to leave office. In that state of affairs, if the vice president and a majority of the cabinet declare the president unfit to serve, the vice president becomes acting president. The amendment also outlines how the president tin can reassume the powers of the presidency. If the president declares that he is capable of serving, the chiffonier and vice president must respond within four days. If this latter group holds that the president is nonetheless unfit to serve, Congress must vote on whether to reinstate the president. The president volition exist reinstated unless a two-thirds majority of both chambers votes confronting this.[3]
The 2020 election took identify against a backdrop of uncertainty. Our readers had questions about what to wait in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia'due south 2020 Election Help Desk was designed to answer those questions.
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- What is a spoiled ballot?
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- Presidential election
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- What happens if a presidential nominee becomes incapacitated before the election?
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- What happens if I vote by mail service and want to change my election at a later date?
- What happens if someone votes by mail and then tries to vote in person?
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- What happens if the winning presidential candidate becomes incapacitated before taking office?
- Manufactures almost potential scenarios in the 2020 ballot
- U.South. Supreme Court actions affecting the November 3, 2020, general election
Run across too
- Twentieth Subpoena to the U.s.a. Constitution
- 20-fifth Amendment to the Us Constitution
Related articles
- Politifact, "What happens if a president or nominee dies or is incapacitated? Effectually elections, it gets thorny"
- Washington Mail service, "What happens to the election if Trump tin can't perform his duties?"
- Fiscal Times, "What happens if a candidate must withdraw from a presidential election?"
- Reason, "What Happens if Trump Becomes too Incapacitated to Serve, Drops Out of the Election, or Both?"
- New York Times, "What if Trump Tin can't Run? Many Steps Are Clear, only Some Are Non"
- Associated Press, "AP EXPLAINS: What happens if a candidate for president dies?"
Footnotes
- ↑ U.Due south. News & World Report, "What Happens to the U.S. Presidential Election if a Candidate Dies or Becomes Incapacitated?" Oct two, 2020
- ↑ NCSL, "The Electoral College," September 24, 2020
- ↑ 3.0 3.1 Constitutioncenter.org, "The Xx-Fifth Amendment," accessed October two, 2020
| Ballotpedia'south 2020 Ballot Assist Desk | ||
|---|---|---|
| General information | General election questions: Who runs elections in the U.s.a.? • Why practice states accept different election rules? • What methods do states use to foreclose ballot fraud? • Do you accept to vote for everything on your ballot? • What happens if yous mark outside the lines or apply the wrong pen/pencil? • What is a spoiled ballot? • What is a write-in candidate? • How can I check the status of my ballot? • Can I accept a ballot selfie? |  |
| Disputed results | Disputed results: Presidential ballot lawsuits and recounts • Post-election lawsuits | |
| Presidential ballot | Presidential election help desk: Who is the president if election results are unknown past Jan twenty, 2021? • What happens if there is a tie in the Electoral College? • What happens if a presidential nominee becomes incapacitated before the election? • What happens if the winning presidential candidate becomes incapacitated before taking role? • What are faithless electors in the Balloter College? • What are the steps and deadlines for electing the President of the Usa? • What happens if a presidential candidate declares victory in the 2020 election before results are last? • Tin presidential candidates win the election if they take already conceded? • Can members of Congress object to Electoral Higher results? | |
| Absentee and mail service voting | Absentee/mail-in voting: Eligibility • Request deadlines • Request requirements • Return deadlines • Signature and witness requirements • Life cycle of an absentee/post-in ballot • Processing, counting, and challenging ballots • When tin can states brainstorm processing and counting ballots • What happens if I vote by mail service and want to change my ballot at a later date? • What happens if someone votes by mail and then tries to vote in person? • How do states protect and verify absentee/postal service-in ballots? • How do election workers lucifer signatures? • Do absentee/mail-in ballots take longer to count than in-person ballots? • Are results reported on election night coming from in-person or absentee/mail-in votes? • Do states written report how many post-in/absentee ballots are outstanding on ballot night? • What happens if someone votes by post-in ballot or absentee ballot and after passes abroad before Election Day? | |
| Election results certification | Results and certification assist desk: Election results certification dates, 2020 • How and when are ballot results finalized? • What happens if candidates declare victory in the 2020 ballot before results are final? • Can candidates win an election if they have already conceded? • How do major media outlets declare winners? | |
| Disputing election results | Disputing results aid desk: What are poll watchers? • What does it mean to claiming a voter's eligibility, and who can practice information technology? • How will ballot recounts work? • How shut does an ballot accept to be to trigger an automated recount? • Can a candidate or voter asking a recount? • Who pays for recounts and election challenges? • Who can file election-related lawsuits? • What is a redo ballot? • What are the reasons to call a redo election? • Who can call a redo election? • Tin can a redo be held for a presidential ballot? • What kinds of bug can ballot-related lawsuits address? | |
| Transition | Officeholder transitions help desk: Who is the president if ballot results are unknown by January twenty, 2021? • Who serves in Congress if election results are unknown by January 2021? • Who serves in a state or local government if election results are unknown? | |
| Other | Ballot Day resource guide • Articles about potential scenarios in the 2020 election • U.S. Supreme Courtroom actions affecting the November 3, 2020, general election | |
| Voting in 2020 | Voting in 2020: Voter ID requirements • State election websites • Early voting dates • Voter registration requirements • Voter registration deadlines • Same-24-hour interval registration • States that require employers to grant employees fourth dimension off to vote • Ballot results certification dates • Recount laws by state • Poll opening and closing times | |
Source: https://ballotpedia.org/What_happens_if_the_winning_presidential_candidate_becomes_incapacitated_before_taking_office%3F_(2020)
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