Wednesday, June 5, 2024

What happens if a presidential candidate cannot take office due to death or incapacitation before January 2025?

 Presidential candidates Trump and Biden are the oldest modern presidential candidates we've seen since Ronald Reagan ran for his second term.

If a candidate dies or is incapacitated between now and New Year's Day, there will be plenty of people in each party willing to jump into the nomination race.

The problem will be filing deadlines - approximately 22 states have filing deadlines to get on the primary ballot between now and January 1, 2024.

In the event of something as dramatic as death or total incapacitation, state election officials may adjust filing deadlines to be able to get new entries onto the ballot in time for some of the spring primaries.

If the candidate dies or is incapacitated between New Year's Day and mid-June 2024 some states might postpone their primaries and/or their filing deadlines in order to give more time for newer candidates to get into the race.

In states where that doesn't happen, primary voters could vote for "Uncommitted" but not all states include an "Uncommitted" line on their ballots.

If the candidate dies or is incapacitated between mid-June 2024 when the primaries are over and before the Wednesday night of the nominating convention the convention would become what conventions used to be before reforms made the primaries dominant Delegates would arrive in Milwaukee or Chicago largely uncommitted.

Presidential hopefuls would go from state delegation to state delegation making their case as did Sen. John Kennedy and Sen. Lyndon Johnson as recently as the 1960 convention in Los Angeles.

If the Republican candidate dies or is incapacitated after the convention and before Election Day, the Republican National Committee will meet to select a presidential candidate and/or vice-presidential candidate under Rule 9 of party rules.

Since every state has three RNC members and then some add-ons for Republican elected officials the states are not apportioned according to population - thus RNC members will cast the same number of votes as their state was entitled to cast at the convention and a new nominee will be selected by majority vote.

If the candidate dies or is incapacitated after Election Day, the Constitution kicks in.

https://www.brookings.edu/articles/what-happens-if-a-presidential-candidate-cannot-take-office-due-to-death-or-incapacitation-before-january-2025/

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