General Question

Pandora's avatar

If something were to happen to Presidential candidate after they picked their Vice but before elections, would the VP get to run?

Asked by Pandora (32398points) July 14th, 2016

So does the VP get to run, or the candidate that was just below? Or does the party hold another convention and pick someone new? Or does the Party just drop out of the race?

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10 Answers

zenvelo's avatar

They’d have to figure out how to get someone nominated, but they have to do it in time for the various state ballots.

One thing to remember: you do not cast a vote for someone to be President. You cast a ballot to direct the State’s Electors how to vote in the Electoral College. And that vote is presented to the new Congress for acceptance in January. If something happens between election day and the Electoral College vote in December, the Electors can choose someone else. And if something happens between then and the day the Congress convenes, (like the elected President dying) Congress can vote to elect someone.

NerdyKeith's avatar

If the president pf the United States dies or falls so I’ll that he or she cannot fulfill their role the Vice President assumes their role. It is part of the Presidential Succession Act of 1947

zenvelo's avatar

@NerdyKeith That only applies after being sworn into office.

Strauss's avatar

If something like that were to happen we would be in constitutional no-(wo)man’s land.

Pachy's avatar

As far as I’m concerned, we’re in a political no-(woman)man’s land now.

ibstubro's avatar

No.

The current President would stay in charge until there was a successor.

A new election would have to be called, negotiated, and won.

We have a President that’s responsible for seeing a successor sworn in.

Pandora's avatar

@ibstubro So Clinton or Trump couldn’t run a race against the other two people running. There will be 4 people on the ballot for the general election. Do you have to have a democrat and a republican run?

zenvelo's avatar

@ibstubro Did you make that up? There are no such provisions anywhere in the Constitution. There are provisions laid out that address contingencies such as I laid out in my first response.

Obama’s term ends at Noon ET on January 20. No overtime by law.

Strauss's avatar

US Constitution, 20th amendment, section 3

“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.

Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.”

In plainspeak, this means that if the President-elect fails to qualify or dies before inauguration, the Vice President-elect will act as President until such a time as a President has qualified.

The Constitution also directs Congress to determine by law a successive line of service to be called upon in the unlikely occurrence that both the President-elect and Vice President-elect fail to qualify (or die) by the beginning of the presidential term. Accordingly, federal law (3 U.S.C. Sec. 19) states that the following would be required, if qualified and, for Cabinet secretaries, if having been confirmed by advice and consent of the Senate, to act as President until such a time as a President has qualified:

The Speaker of the House of Representatives
the President pro tempore of the Senate
the Secretary of State
the Secretary of the Treasury
the Secretary of Defense
the Attorney General
the Secretary of the Interior
the Secretary of Agriculture
the Secretary of Commerce
the Secretary of Labor
the Secretary of Health and Human Services
the Secretary of Housing and Urban Development
the Secretary of Transportation
the Secretary of Energy
the Secretary of Education, and
the Secretary of Veterans Affairs

ibstubro's avatar

They could reconvene the political conventions and nominate new candidates.
They would be brokered conventions where the runner-up and the chosen VP candidate would duke it out.

My guess is that it would be Bernie Sanders v Paul Ryan in the general election.
If that couldn’t be done before the end of Obama’s term, he’d just stay on for a while for continuity. It doesn’t matter if it’s in the constitution or has precedent. It’s what would happen.

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