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rebound wrote:Maybe default to Pence?killercow wrote:What happens wrt the presidency and the elections if Trump succumbs to Covid-19 tomorrow?
According to the rules of the Republican National Committee (RNC), a vacancy for the candidacy in the case of death would be filled in the same manner that a presidential candidate is selected during the national convention. The 168 members of the RNC - three from every US state, and three from the six territories of the District of Colombia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the US Virgin Islands - would cast their votes and the candidate would be elected by a majority.
It is a requirement for the RNC to re-elect their new presidential candidate and so it would not automatically fall to the current vice president Mike Pence, although he would constitutionally be required to fill the role of president in the interim period.
maj. tom wrote:Good. And then Civil War looms by 2024.
Vietnam and Iraq will reap their freedums karma that were sown in souls.
Dizzy28 wrote:rebound wrote:Maybe default to Pence?killercow wrote:What happens wrt the presidency and the elections if Trump succumbs to Covid-19 tomorrow?
NopeAccording to the rules of the Republican National Committee (RNC), a vacancy for the candidacy in the case of death would be filled in the same manner that a presidential candidate is selected during the national convention. The 168 members of the RNC - three from every US state, and three from the six territories of the District of Colombia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the US Virgin Islands - would cast their votes and the candidate would be elected by a majority.
It is a requirement for the RNC to re-elect their new presidential candidate and so it would not automatically fall to the current vice president Mike Pence, although he would constitutionally be required to fill the role of president in the interim period.
adnj wrote:Dizzy28 wrote:rebound wrote:Maybe default to Pence?killercow wrote:What happens wrt the presidency and the elections if Trump succumbs to Covid-19 tomorrow?
NopeAccording to the rules of the Republican National Committee (RNC), a vacancy for the candidacy in the case of death would be filled in the same manner that a presidential candidate is selected during the national convention. The 168 members of the RNC - three from every US state, and three from the six territories of the District of Colombia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the US Virgin Islands - would cast their votes and the candidate would be elected by a majority.
It is a requirement for the RNC to re-elect their new presidential candidate and so it would not automatically fall to the current vice president Mike Pence, although he would constitutionally be required to fill the role of president in the interim period.
And nope again. Selecting a new candidate is no longer the only issue because ballot deadlines have passed and voting has begun.
-------
What Happens to the U.S. Presidential Election if a Candidate Dies or Becomes Incapacitated?
(Reuters) - U.S. President Donald Trump said on Friday that he had tested positive for COVID-19 and was going into isolation.
Trump has mild symptoms, according to White House Chief of Staff Mark Meadows. But the diagnosis, less than five weeks before the Nov. 3 election, has raised questions about what happens if a presidential candidate or the president-elect dies or becomes incapacitated.
Here's how U.S. law and party rules address those scenarios.
- Can the Nov. 3 election be postponed?
Yes, but that is very unlikely to happen. The U.S. Constitution gives Congress the power to determine the election date. Under U.S. law, the election takes place on the first Tuesday after the first Monday in November, every four years.
The Democratic-controlled House of Representatives would almost certainly object to delaying the election, even if the Republican-controlled Senate voted to do so. The presidential election has never been postponed.
- What happens if a candidate dies ahead of the election? Both the Democratic National Committee and the Republican National Committee have rules that call for their members to vote on a replacement nominee. However, it is likely too late to replace a candidate in time for the election.
Early voting is underway, with more than 2.2 million votes cast, according to the U.S. Elections Project at the University of Florida. The deadline to change ballots in many states has also passed; mail ballots, which are expected to be widely used due to the coronavirus pandemic, have been sent to voters in two dozen states.
Unless Congress delays the election, voters would still choose between the Republican Trump and Democrat Joe Biden even if one died before Nov. 3. If the winner is deceased, however, a new set of questions emerges.
- What happens if a candidate dies before the Electoral College votes?
Under the Electoral College system, the winner of the election is determined by securing a majority of "electoral votes" allotted to the 50 states and the District of Colombia in proportion to their population.
The Electoral College's electors will meet on Dec. 14 to vote for president. The winner must receive at least 270 of the 538 total Electoral College votes.
Each state's electoral votes typically go to the winner of the state's popular vote. Some states allow electors to vote for anyone they choose, but more than half of the states bind electors to cast their votes for the winner.
Most state laws that bind electors do not contemplate what to do if a candidate dies. Michigan's law requires electors to vote for the winning candidates who appeared on the ballot. Indiana law, by contrast, states that electors should switch to a party's replacement if the candidate has died.
In the event of a candidate's death, the opposing party might challenge in court whether bound electors should be allowed to vote for a replacement, said Lara Brown, the director of the Graduate School of Political Management at George Washington University.
"The most interesting question is really going to be, how will the Supreme Court handle a controversy like this?" she said.
But Justin Levitt, a professor at Loyola Law School, said he viewed it as unlikely that a party would try to defy the will of voters if it was clear a particular candidate won the election.
- What if a winner dies after the Electoral College has voted, but before Congress has certified the vote?
After the Electoral College votes, Congress must still convene on Jan. 6 to certify the results. If a presidential candidate won a majority of electoral votes and then died, it is not entirely clear how Congress would resolve the situation.
The Constitution's 20th Amendment says the vice president-elect becomes president if the president-elect dies before Inauguration Day. But it's an open legal question whether a c
andidate formally becomes the "president-elect" after winning the Electoral College vote, or only after Congress certifies the count.
If Congress rejected votes for a deceased candidate and therefore found no one had won a majority, it is up to the House of Representatives to pick the next president, choosing from among the top three electoral vote-getters.
Each state delegation gets one vote, which means that even though Democrats have a majority, Republicans currently hold the advantage in a contingent election, as they control 26 of 50 state delegations. All 435 House seats are up for election in November, so the makeup of the next Congress is still unknown.
No winning candidate has ever died after the election but before inauguration. The closest instance came in 1872, when Horace Greeley died on Nov. 29, weeks after losing the election to Ulysses Grant. The 66 electoral votes that Greeley earned ended up largely split among his running mate and other minor candidates.
- What happens if a president-elect dies or becomes incapacitated after Congress has certified the result?
Under the U.S. Constitution, a president-elect is sworn in on Jan. 20, Inauguration Day, two weeks after Congress certifies the result. If the president-elect died, the vice president-elect would be sworn in on Jan. 20.
https://www.usnews.com/news/top-news/ar ... apacitated
Super spreader event.shogun wrote:And Kellyanne Conway now tests positive for Coronavirus.
That function they held for the prospective SCJ turning into a serious problem.
maj. tom wrote:Kellyanne Conway didn’t test positive, she tested alternative-negative.
The age group...pete wrote:Super spreader event.shogun wrote:And Kellyanne Conway now tests positive for Coronavirus.
That function they held for the prospective SCJ turning into a serious problem.
Y isn't he self isolating. Saw him on a podium talking about being tested after trump positiveDohplaydat wrote:adnj wrote:Dizzy28 wrote:rebound wrote:Maybe default to Pence?killercow wrote:What happens wrt the presidency and the elections if Trump succumbs to Covid-19 tomorrow?
NopeAccording to the rules of the Republican National Committee (RNC), a vacancy for the candidacy in the case of death would be filled in the same manner that a presidential candidate is selected during the national convention. The 168 members of the RNC - three from every US state, and three from the six territories of the District of Colombia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the US Virgin Islands - would cast their votes and the candidate would be elected by a majority.
It is a requirement for the RNC to re-elect their new presidential candidate and so it would not automatically fall to the current vice president Mike Pence, although he would constitutionally be required to fill the role of president in the interim period.
And nope again. Selecting a new candidate is no longer the only issue because ballot deadlines have passed and voting has begun.
-------
What Happens to the U.S. Presidential Election if a Candidate Dies or Becomes Incapacitated?
(Reuters) - U.S. President Donald Trump said on Friday that he had tested positive for COVID-19 and was going into isolation.
Trump has mild symptoms, according to White House Chief of Staff Mark Meadows. But the diagnosis, less than five weeks before the Nov. 3 election, has raised questions about what happens if a presidential candidate or the president-elect dies or becomes incapacitated.
Here's how U.S. law and party rules address those scenarios.
- Can the Nov. 3 election be postponed?
Yes, but that is very unlikely to happen. The U.S. Constitution gives Congress the power to determine the election date. Under U.S. law, the election takes place on the first Tuesday after the first Monday in November, every four years.
The Democratic-controlled House of Representatives would almost certainly object to delaying the election, even if the Republican-controlled Senate voted to do so. The presidential election has never been postponed.
- What happens if a candidate dies ahead of the election? Both the Democratic National Committee and the Republican National Committee have rules that call for their members to vote on a replacement nominee. However, it is likely too late to replace a candidate in time for the election.
Early voting is underway, with more than 2.2 million votes cast, according to the U.S. Elections Project at the University of Florida. The deadline to change ballots in many states has also passed; mail ballots, which are expected to be widely used due to the coronavirus pandemic, have been sent to voters in two dozen states.
Unless Congress delays the election, voters would still choose between the Republican Trump and Democrat Joe Biden even if one died before Nov. 3. If the winner is deceased, however, a new set of questions emerges.
- What happens if a candidate dies before the Electoral College votes?
Under the Electoral College system, the winner of the election is determined by securing a majority of "electoral votes" allotted to the 50 states and the District of Colombia in proportion to their population.
The Electoral College's electors will meet on Dec. 14 to vote for president. The winner must receive at least 270 of the 538 total Electoral College votes.
Each state's electoral votes typically go to the winner of the state's popular vote. Some states allow electors to vote for anyone they choose, but more than half of the states bind electors to cast their votes for the winner.
Most state laws that bind electors do not contemplate what to do if a candidate dies. Michigan's law requires electors to vote for the winning candidates who appeared on the ballot. Indiana law, by contrast, states that electors should switch to a party's replacement if the candidate has died.
In the event of a candidate's death, the opposing party might challenge in court whether bound electors should be allowed to vote for a replacement, said Lara Brown, the director of the Graduate School of Political Management at George Washington University.
"The most interesting question is really going to be, how will the Supreme Court handle a controversy like this?" she said.
But Justin Levitt, a professor at Loyola Law School, said he viewed it as unlikely that a party would try to defy the will of voters if it was clear a particular candidate won the election.
- What if a winner dies after the Electoral College has voted, but before Congress has certified the vote?
After the Electoral College votes, Congress must still convene on Jan. 6 to certify the results. If a presidential candidate won a majority of electoral votes and then died, it is not entirely clear how Congress would resolve the situation.
The Constitution's 20th Amendment says the vice president-elect becomes president if the president-elect dies before Inauguration Day. But it's an open legal question whether a c
andidate formally becomes the "president-elect" after winning the Electoral College vote, or only after Congress certifies the count.
If Congress rejected votes for a deceased candidate and therefore found no one had won a majority, it is up to the House of Representatives to pick the next president, choosing from among the top three electoral vote-getters.
Each state delegation gets one vote, which means that even though Democrats have a majority, Republicans currently hold the advantage in a contingent election, as they control 26 of 50 state delegations. All 435 House seats are up for election in November, so the makeup of the next Congress is still unknown.
No winning candidate has ever died after the election but before inauguration. The closest instance came in 1872, when Horace Greeley died on Nov. 29, weeks after losing the election to Ulysses Grant. The 66 electoral votes that Greeley earned ended up largely split among his running mate and other minor candidates.
- What happens if a president-elect dies or becomes incapacitated after Congress has certified the result?
Under the U.S. Constitution, a president-elect is sworn in on Jan. 20, Inauguration Day, two weeks after Congress certifies the result. If the president-elect died, the vice president-elect would be sworn in on Jan. 20.
https://www.usnews.com/news/top-news/ar ... apacitated
Good read adnj, the US political system is one convoluted mess.
I still think Trump will win, this doesn't hurt him (politically), the news is going to be filled with Trump covid info over the next month with Biden being a footnote.
Just saw that Biden tested negative today but he could still develop it over the next few days so still too early to tell.
maj. tom wrote:Kellyanne Conway didn’t test positive, she tested alternative-negative.
toyolink wrote:The circumstances of these most recent infections of key political figures is quickly becoming a real public relations ball of confusion.
At the rate things are progressing its going to become almost impossible to get any truth very soon.
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