Death time under 20th Amendment

The sections 3 and 4 of the 20th Amendment are as follows:

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 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.

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?
 
The sections 3 and 4 of the 20th Amendment are as follows:


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.

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?
???
They've voted, haven't they? As long as the results are clear once the votes are opened, I'd think that a president has clearly "been chosen". It's not like the results on pieces of paper are going to change. (This is the US, not, e.g. Russia:))

"Chosen", not "having had votes counted". IMO
 
The sections 3 and 4 of the 20th Amendment are as follows:


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.

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?


Though it's never happened and thus only an educated guess, it's likely IMO that Congress would count the votes and declare a dead person to have been elected POTUS. Then, on January 20th at 12 noon there would be a moment of silence in memory of the man/woman elected. Then the person elected VPOTUS would be sworn into that office and then sworn in as POTUS. While this is cumbersome and will get the tongues of those who like to complain wagging, it would be the Constitutionally appropriate and respectful thing to do. It would also be an excellent teaching moment.
 
That course of action would indeed be problematic.


Why? It's what would happen without question should the POTUS die after his inauguration. That's what the VP is chosen for - to be his running-mate's successor.

Also what's the alternative? To swear in the Speaker of the House? He has even less mandate than the VP-elect.
 
Why? It's what would happen without question should the POTUS die after his inauguration. That's what the VP is chosen for - to be his running-mate's successor.

Also what's the alternative? To swear in the Speaker of the House? He has even less mandate than the VP-elect.

I think Brady Kj meant the rival candidate, not the VP-elect.
e.g. McCain being made President if Obama died before his inauguration.

Of course that since we're talking about a scenario where the Electoral College has already cast their vote, the constitutional thing to do will probably be along the lines of what Lord Grattan said...
 
I think Brady Kj meant the rival candidate, not the VP-elect.
e.g. McCain being made President if Obama died before his inauguration.

Of course that since we're talking about a scenario where the Electoral College has already cast their vote, the constitutional thing to do will probably be along the lines of what Lord Grattan said...

Thanks for the affirmation, and yes, that's how i interpreted Brady's words.
 
I think Brady Kj meant the rival candidate, not the VP-elect.
e.g. McCain being made President if Obama died before his inauguration.

Of course that since we're talking about a scenario where the Electoral College has already cast their vote, the constitutional thing to do will probably be along the lines of what Lord Grattan said...

That wouldn't work because the VP is on the ticket just as much as the President and thus has all the democratic legitimacy of any POTUS. For example, Jone Biden got more votes than John McCain.
 
Though it's never happened and thus only an educated guess, it's likely IMO that Congress would count the votes and declare a dead person to have been elected POTUS. Then, on January 20th at 12 noon there would be a moment of silence in memory of the man/woman elected. Then the person elected VPOTUS would be sworn into that office and then sworn in as POTUS. While this is cumbersome and will get the tongues of those who like to complain wagging, it would be the Constitutionally appropriate and respectful thing to do. It would also be an excellent teaching moment.

I'm guessing that's probably by far the most likely option.
 
That wouldn't work because the VP is on the ticket just as much as the President and thus has all the democratic legitimacy of any POTUS. For example, Jone Biden got more votes than John McCain.
That was my point. I was saying that what the constitution says would cause fewer complaints that the alternative possibility.
 
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