The Death of Richard Nixon and Nelson Rockefeller. Told in Newspaper Headlines

President Omar Bradley Offical
New York Times - November 11th, 1960

General Omar Bradley officaly anounced today that he is the New President-Elect, and has been teamed with Senator Prescott Bush as the new Ticket to Replace the Late Nixon/Rockefeller, The two will be sworn into office January 20th, 1961, as Nixon and Rockefeller would have been if they lived. Pat Nixon, Nixon's widow commented and said "Im glad the Republicans could find someone to take the office after *cries* my husband's death, and that this country will live on without and more crises". Commented Ms.Nixon

By who's authority? :confused: No, this could not, nor would this happen!

Special election suggested

November 15, 1960

Due to the extraordinarily unprecedented nature of the constitutional crises currently engulfing the land many leaders in both parties are now calling for legislation for a special election to be held in 1962. It has been suggested that Eisenhower remain until January 20, 1963 when the winner of the 62 election takes office. Legislation is currently being drafted in the senate by Hubert Humphrey (D)-Minnesota and Clifford Case (R)-New Jersey to achieve such an election. The legality is currently up for debate.

There is no constitutional crisis - yet. Said legislation is premature and would be unconstitutional. What is certain is that Ike's term & his tenure as POTUS will end on 1-20-1961. There will not be a constitutional crisis until the new Congress receives the official electoral vote in 1-1961. A thought just occurred to me - If enough Nixon/Rockefeller Electoral votes are scattered amongst other candidates, so as to deny them a majority (not every one pledged to vote for Nixon/Rockefeller will cast their vote for dead men afterall), then the House and Senate would be able to vote for the next POTUS & VPOTUS and could elect Kennedy-Johnson. It's only after Nixon-Rockefeller receive a majority of electoral votes that a crisis could arise.


The electoral college DOES NOT work like that. There is no new nominee. The electoral college will probably vote for Nixon, albeit posthumously. Furthermore, the election was on November 8 :rolleyes:
Finally, there wasn't a clear line of succession, so there would be a constitutional fiasco.

If Nixon/Rockefeller win a majority of the electoral votes then Congress declares them to be the winners and that both offices will become vacant on 1-20-1961. Most probably, Sam Rayburn will be inagurated as the 35th POTUS at noon on that date.
 
By who's authority? :confused: No, this could not, nor would this happen!



There is no constitutional crisis - yet. Said legislation is premature and would be unconstitutional. What is certain is that Ike's term & his tenure as POTUS will end on 1-20-1961. There will not be a constitutional crisis until the new Congress receives the official electoral vote in 1-1961. A thought just occurred to me - If enough Nixon/Rockefeller Electoral votes are scattered amongst other candidates, so as to deny them a majority (not every one pledged to vote for Nixon/Rockefeller will cast their vote for dead men afterall), then the House and Senate would be able to vote for the next POTUS & VPOTUS and could elect Kennedy-Johnson. It's only after Nixon-Rockefeller receive a majority of electoral votes that a crisis could arise.




If Nixon/Rockefeller win a majority of the electoral votes then Congress declares them to be the winners and that both offices will become vacant on 1-20-1961. Most probably, Sam Rayburn will be inagurated as the 35th POTUS at noon on that date.

You're forgetting, this is pre 25th Amendment. The Speaker will take charge, but obviously some Republicans and Rayburn Haters will make a big deal out of this, saying it isn't in the Constitution.
 
You're forgetting, this is pre 25th Amendment. The Speaker will take charge, but obviously some Republicans and Rayburn Haters will make a big deal out of this, saying it isn't in the Constitution.

No I was thinking pre-25th. As long as Federal Law is followed, let the opposition wail, howel and gnash their teeth all they want.


And then you have the dilemma of the VP.

I imagine that early in the new president's term Congress will propose a Constitutional amendment similar to the OTL 25th that also includes a section on the line of succession if the offices President & Vice President are simultaniously vacant. In TTL, the office of vice-president would remain vacant after 1-20-1961 until the new amendment became law (ratified by 38 states) and the office filled according to its provisions.
 
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