Scenery across the Atlantic. What happens if the elected president dies before the inauguration

Joe Biden, who turns 78 on November 20, is the oldest presidential candidate in the United States. His electoral rival, Donald Trump, has launched a broad debate on the issue, even insinuating that his successor will not complete his term. Some of Biden’s opponents already see him retire for health reasons and leave the White House in the hands of Vice President Kamala Harris. While the United States has gone through bouts with dead presidents during their tenure, it has never had to deal with dead elected presidents before they were sworn in. However, US law is prepared for such a scenario.

When the winner dies before the vote in the Electoral College

In the United States, the president is not elected by direct universal suffrage, but indirectly. On November 3, the Americans nominated the big names, who in turn will approve the winner on December 14, at a meeting of the Electoral College.

If the winner of the election dies before the big voters meet, his party has the right to nominate a replacement candidate. It would be natural for him to be his race partner, that is, the elected vice president, but it is not mandatory.

The winning candidate’s party would then put pressure on the big voters in his camp to vote in favor of the designated replacement. But the big voters cannot vote for the eventually appointed replacement. In these conditions, it risks giving the choices of the opponent’s field. “The party can say what it wants, but states decide what their ‘big voters’ do,” said Richard Hasen, a law professor at the University of California.

When the winner dies after the electoral vote and before the congress meeting

The result of the presidential elections becomes official only after the validation of the Congress (House of Representatives and Senate). Renewed in November, Congress is expected to be sworn in on January 3 and hold a validation session with the president three days later. Throughout the history of the United States, this phase has always been a simple formality. But what if the elected president dies in the meantime? The Twelfth Amendment to the United States Constitution gives Congress the power to ultimately decide who is elected president and vice president. For example, if no candidate gets the required 270 votes in the Electoral College, Congress can reject the vote. Then the Senate and the House of Representatives must announce their decisions. If the Senate elects the vice president, the House of Representatives decides the president, choosing from among the top three candidates with the most votes among the great electors.

When the president-elect dies after the validation of Congress and before he is sworn in

The answer is much simpler in this case. Under the 20th Amendment to the United States Constitution, the president-elect who died after the vacancy in Congress can be replaced by the president-elect, who is sworn in on January 20 and assumes the presidency by the end of that day.