The sections 3 and 4 of the 20th Amendment are as follows:
If a victorious candidate dies before the Electoral College votes, then the precedent of 1872 applies. The electors have individual discretion as to who to support.
Out of the 66 electors pledged to Greeley, 42 voted for Hendricks, 18 for Gratz Brown and 3 for other candidates. The votes of the 3 who chose to vote for Greeley were declared invalid.
But what is supposed to happen if a winning presidential candidate dies after the electoral college has voted, but before the Congress has summed the votes?
If there unambiguously is a President Elect - which is the case after opening the Electoral College results, on 6th of January - then if the President Elect dies, Section 3 clearly operates and the vice president elect shall be inaugurated as President on 20th of January.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.
If a victorious candidate dies before the Electoral College votes, then the precedent of 1872 applies. The electors have individual discretion as to who to support.
Out of the 66 electors pledged to Greeley, 42 voted for Hendricks, 18 for Gratz Brown and 3 for other candidates. The votes of the 3 who chose to vote for Greeley were declared invalid.
But what is supposed to happen if a winning presidential candidate dies after the electoral college has voted, but before the Congress has summed the votes?