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NurseJackie

(42,862 posts)
Sat Mar 16, 2019, 03:30 PM Mar 2019

If the winner of the presidential election dies before taking the oath of office....

If the winner of the presidential election dies before taking the oath of office... what happens on Inauguration Day?

Is the Vice President-elect automatically sworn-in as President (directly).

Or is the Vice President-elect FIRST sworn-in as Vice President... then immediately sworn-in as President?

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If the winner of the presidential election dies before taking the oath of office.... (Original Post) NurseJackie Mar 2019 OP
depends on when they die...... getagrip_already Mar 2019 #1
Thanks for the info! NurseJackie Mar 2019 #4
The existing President, even after election, is still the President.... northoftheborder Mar 2019 #2
I should have been specific. What would happen if the Pres-elect died ONE DAY BEFORE the inaugura'n? NurseJackie Mar 2019 #3
Text of the 20th amendment..... getagrip_already Mar 2019 #13
Very interesting. Thanks for that. NurseJackie Mar 2019 #14
This wouldn't be in reference to the age of certain candidates, would it? Dennis Donovan Mar 2019 #5
It's a "what if" question in reference to constitutional procedure. NurseJackie Mar 2019 #8
For an entertaining perspective, read Jeff Greenfield's novel THE PEOPLE'S CHOICE brooklynite Mar 2019 #6
Thanks! NurseJackie Mar 2019 #9
Can majority house speaker become interim Iliyah Mar 2019 #7
Seems logical. NurseJackie Mar 2019 #10
in this case..... getagrip_already Mar 2019 #15
Traditionally the Vice President sarisataka Mar 2019 #11
Great info, thank you. NurseJackie Mar 2019 #12

getagrip_already

(14,792 posts)
1. depends on when they die......
Sat Mar 16, 2019, 03:46 PM
Mar 2019

If it is before the electoral college votes, they could just pick someone else (doesn't have to even be the vp elect)..

If it is after the EC elects the POTUS/VPOTUS (we don't elect them, the EC does), then the VP-elect would be sworn in as potus.

It's in the 20th amendment.

northoftheborder

(7,572 posts)
2. The existing President, even after election, is still the President....
Sat Mar 16, 2019, 03:46 PM
Mar 2019

during the interim until inauguration of President-elect. So, the existing President's Vice President would be sworn in, to serve until the newly elected President is sworn in at the usual inauguration. (Please correct me if this is wrong.) What I'm unclear about under the above scenario, who becomes Vice-President in the interim period? Speaker of the House?

NurseJackie

(42,862 posts)
3. I should have been specific. What would happen if the Pres-elect died ONE DAY BEFORE the inaugura'n?
Sat Mar 16, 2019, 04:00 PM
Mar 2019

I should have been specific. What would happen if the Pres-elect died ONE DAY BEFORE the inauguration?

Would the VP-elect ascend directly to the presidency (without ever technically being the VP)?

Or does the constitution require that the VP-elect be sworn in AS the actual VP, before moving up to being the President?

getagrip_already

(14,792 posts)
13. Text of the 20th amendment.....
Sat Mar 16, 2019, 06:14 PM
Mar 2019
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.


It's the VP-elect in your case, assuming the pres-elect was certified by the electoral college. If no potus elect has been "certified", then the congress (in this case meaning the house) will select the potus.

It's pretty clear cut.

Iliyah

(25,111 posts)
7. Can majority house speaker become interim
Sat Mar 16, 2019, 04:25 PM
Mar 2019

president if the winner of the EC and vp (before inauguration day) meet their maker?

getagrip_already

(14,792 posts)
15. in this case.....
Sat Mar 16, 2019, 06:22 PM
Mar 2019

the house decides. It can be anyone the house choses that meets the qualifications for president. It doesn't even have to be someone who ran in the election.

That was the big fear if clinton won the election but it was close enough for a state with a red ag/soc and gov to simply refuse to certify the vote. In that case, the EC's could not be chosen by candidate and no votes for that state might be counted. It could either tilt the election or throw it to the house, which was paul ryans at that point.

sarisataka

(18,693 posts)
11. Traditionally the Vice President
Sat Mar 16, 2019, 04:51 PM
Mar 2019

Is sworn in before the President. Until that point he is the Vice President elect. Though it would be a technicality I believe they would first swear in that person to formally become the Vice President, even if such a ceremony was done in a small non-public setting in order to fulfill the letter of the law of succession.

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