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Politics : Mainstream Politics and Economics
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To: Wharf Rat who wrote (82726)9/24/2020 3:41:23 PM
From: TimF  Read Replies (1) of 85487
 
According to the 20th amendment if the president elect (after the electoral college has met and voted, technically if someone won every single vote on election day they wouldn't really be president elect until the electoral college votes) dies or doesn't qualify for office then the vice president elect take office. I don't think that is specified if the president elect refuses to take office when they do qualify. They could get sworn in and resign immediately after. If they want to "pre-resign" it might go to the supreme court, the court might let them do it, or might be decided by congress.

The electoral college votes in December but the votes are apparently not ratified until Jan 6th.

If the winning candidate dies, and probably if he "pre-resigns" before the electoral college meets, they could just elect someone else (which most likely would be the vice president elect but would not have to be. Some states have laws binding their electors to vote for who they were pledge to vote for, but I doubt states would enforce that against the electors if that person is dead or says "I won't take office", and even if the state says "follow through on your promised vote or you'll be prosecuted", the vote would still stand if they voted for someone else.

If the candidate dies after the electoral college vote but before the votes are counted by congress, congress could accept them as voted (in which case its the same as if he died after the votes were counted/ratified by congress), or it could refuse to do so in which case the house would decide the next president and the senate the next vice president. Theoretically you could get a Biden-Pence administration. Might be the same if the candidate publicly refuses to take office at that point I'm not sure.
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