President elect and VP elect die before 1947

WI some time between 1884 and 1847 both a President and Vice President elect died after the electors had voted.

There seems to have been zero specific provision for this event. The general provision would be for the Secretary of State to take office. (by the way the Secretary of State succession is less risky in general terms than the Speaker or President pro tem)

Imagine that this was at a time when there had been a party change at the earlier election. (I think that Cleveland actually suffered a potentially lethal cancer in his second term and during his first one the VP died in office. And in America there are always crazy people with guns around if you want a POD)


My understanding is that usually the old Congress and President are in office. Congress had a power to make some kind of provision. I am guessing that they would look at new elections, even just empowering the previous electors to choose someone.

Any other thoughts?
 
Well, things get slightly hairy because by some methods of interpretation, the appointments of the previous president might expire and without a new presient there's no new cabinet officers. I believe this probably goes by the way side, since for example, a re-elected President's Cabinet usually offers to resign and does not need to be re-confirmed. Given the long lame duck period, Congress can always convene, change the law and have either the Pres pro tem or Speaker assume Acting Presidency, and call new elections. The electoral college can only select someone else if they haven't voted yet (i.e. if the President elect is not actually the President elect, yet).

The scary thing is that it's a perfect opening for Congress to do all kinds of crazy things.
 
Constitutionally, the electors are free to vote for who they want to. If the tragedy occurs before the electors vote, then each probably would have voted for a President and a Vice President and, although it might have been possible, it is unlikely that either would have achieved the required majority of electors.

Let's suppose this tragedy happens after the electors have voted. When the votes are counted in a joint session of Congress and if the President-elect and Vice President-elect are not available or no qualified candidate has a majority, then the House of Representatives votes, each state getting one vote, for President, followed by the Senate voting for Vice President.

This is what happened in 1825, when no presidential candidate won a majority of electoral votes in the 1824 election.

There would not have been a new election during the time frame in question.
 
When Congress gathered in joint session on January 6, 1869 the mood was somber. The great chamber was silent as senators and representatives entered the room. Everyone had an idea for how things ought to procede, but no one wanted to give voice to their thoughts just yet.

In due course, Theodore Pomeroy (R-NY) rose and banged his gavel. It was odd seeing him standing there. Standing in the place where Schulyer Colfax had stood for the previous five years; where he should be standing on this day. Sadly such was not the case.

Two months earlier, Ulyses Simpson Grant had been elected President of the United States and elected with him as Vice President was Schuyler Colfax, Jr. Their ticket had won 214 electoral votes (to 80 for the Democrat's Seymour-Blair ticket) and 52.7% of the popular vote. In December the presidential electors met in their respective state capitals as they had done twenty time before and cast their ballotts in accordance with the Constitution.

All was going as planned with the transition of power, as Andrew Johnson was glad, A-to be finishing his term in the fulness of its prescribed time, and B-to be completing his term and leaving Washington for good. Then, like being hit square in the face by an unexpected snowball, tragedy struck. In fact, it struck twice, hundreds of miles apart, on the same day. December 24, 1868 will be remembered for generations to come as a day of infamy.

In the early afternoon of that fateful day, President-elect Grant was boarding a carriage with his wife, Julia, and son, Jesse, at their home when John Jacobs emerged from the back side of the house and attacked the family. "An eye for an eye; my children are avenged," he shouted. (Two of Jacobs' children had died during the siege of Vicksburg and John had been slashed in the shoulder by Grant himself during the battle of Chatanooga.)Jesse was shot in the leg and Julie in the shoulder. They survived. The General was hit in the throat. He died a few hours later.

Word reached Vice President-elect Colfax that evening as he was leaving a Christmas Eve service. In the commotion and rush to get him to a safe and secure location, he slipped on the ice and hit his head. Insisting that he was okay, Colfax and his family returned to their home. The next morning, Colfax woke with a splitting headache and blurred vision. By mid-morning the pain was unbearable and he was feverish. At 11:10 AM he suffered a massive stroke and died on New Year's Eve at 7:35 PM.

On January 6, 1869, newly appointed Speaker of the House, Theodore Pomeroy reads the elector's votes state by state and says, "the total electoral vote is... 214 votes for the Republican Party ticket of Grant and Colfax; 80 votes for the Democratic Party ticket of Seymour and Blair. Uylsses Grant and Schuyler Colfax have been elected President and Vice President of the United States. Is there anyone who wishes to contest these results?" There was silence for what seemed like an hour. BANG went the speaker's gavel. "Then these results are received and declared legal and final." BANG went his gavel again. "Regretably this time gentlemen, our business is not finished. For today our nation is grieving the loss of the President-elect and Vice President-elect. We are grieving the loss of..."

After several speeches, the Speaker addressed the Congress. "Gentlemen, in accordance with the Presidential Succession Act of 1792, and in light of the situation we face today, I declare that on March 4th of this year both the office of President and Vice President of the United States shall be vacant. According to that act, the President pro tempore of the Senate, Mr. Benjamin Wade of Ohio, should become acting President of the United States until March 4th of next year, following a Presidential election to be held on the first Tuesday of November in this year of our Lord, 1869. Do I hear a motion to confirm Mr. Wade as Acting President and to call a special Presidential election for November?" A motion is made, seconded, and unanimously approved.

Benjamin Wade rises from his chair. There is silence in the room as he walks to the podium. Then a lone, young congressman begins to clap. A few more clap, and then more, and soon everyone is applauding the new Acting President of the United States, Benjamin Wade.
 
Constitutionally, the electors are free to vote for who they want to. If the tragedy occurs before the electors vote, then each probably would have voted for a President and a Vice President and, although it might have been possible, it is unlikely that either would have achieved the required majority of electors.

Let's suppose this tragedy happens after the electors have voted. When the votes are counted in a joint session of Congress and if the President-elect and Vice President-elect are not available or no qualified candidate has a majority, then the House of Representatives votes, each state getting one vote, for President, followed by the Senate voting for Vice President.

This is what happened in 1825, when no presidential candidate won a majority of electoral votes in the 1824 election.

There would not have been a new election during the time frame in question.

You do bring up an interesting question: that Congress could interfere by invalidating the vote count in some way which sent the election to the House and Senate. I don't think this is strictly constitutional, but without the 22nd and 25th Amendment, it has a chance. However, if it's an election with only two electoral candidates, than Congress only has the choice of electing on of those people President, and if the winner is dead, then that only leaves the loser. Talk about stealing an election. Doesn't mean Congress might not try.

Also, while an election isn't necessary by the terms of the 1885 act, Congress still has the power to call one (by precedent from the old act and by implication throughout the Constitution and since the whole notion of an acting president "inheriting" the term of his predecessor was thought slightly dubious). It's doubly so if the person doing the inheriting has no connection whatsoever to the elected president: there's no preservation of popular will or mandate.

IMO, it depends what Congress thinks best preserves its own (i.e. the Speaker's) power over the power of the Executive and of course on which Party controled either office. The great thing arguing for such a non-elected Acting President is that Congress' power for the duration of his term is all the greater.
 
Constitutionally, the electors are free to vote for who they want to. If the tragedy occurs before the electors vote, then each probably would have voted for a President and a Vice President and, although it might have been possible, it is unlikely that either would have achieved the required majority of electors.

Let's suppose this tragedy happens after the electors have voted. When the votes are counted in a joint session of Congress and if the President-elect and Vice President-elect are not available or no qualified candidate has a majority, then the House of Representatives votes, each state getting one vote, for President, followed by the Senate voting for Vice President.

This is what happened in 1825, when no presidential candidate won a majority of electoral votes in the 1824 election.

There would not have been a new election during the time frame in question.

I took the OP to imply that there was an electoral college winner, someone with a majority of votes. If that is true, then the Congerss would only be able to certify the results and declare the offices vacant due to the deaths of the duely elected persons. The house and senate vote only if no one has a majority of electoral votes. A dead person can still win an election, they just are not able to serve.
 
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