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Undecided Voter in the Midwest
Ghost of Tilden
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« on: February 28, 2013, 04:00:33 pm »
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Suppose the president-elect dies after the electoral college votes are officially counted, but before inauguration day. What happens then?

I'm guessing that the House of Representatives would meet to elect the new president, and would probably choose the vice president-elect to be the new president-elect. But are there any laws that specify exactly what is to be done in such a situation?
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True Federalist
Ernest
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« Reply #1 on: February 28, 2013, 05:48:42 pm »
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The relevant law is 3 USC 19. What would happen is that on January 20 the vice president-elect would be sworn in as vice president, then since there was a vacancy in the presidency be sworn in as president.

If both the president-elect and the vice president-elect were to die before taking office, then on January 20 the Speaker of the House (if constitutionally eligible) would become President.  The death of the president-elect and the vice president-elect is treated much the same as the death of the president and vice president except that who fills the vacancy is determined by who holds office at the start of the term, not when they die.

Also, from the 1872 election there is precedent for what to do when a nominee dies before the electors meet and cast their ballots.  If an elector casts a ballot for a dead person, the vote is not counted.
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“Always it is easier to pay homage to prophets than to heed the direction of their vision.”
                Clinton Lee Scott

Read Fat Man on a Diet, an alternate history in which the history of atomic weapons does not go as it did in our timeline.
Undecided Voter in the Midwest
Ghost of Tilden
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« Reply #2 on: February 28, 2013, 07:01:08 pm »
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Okay, thanks.
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