It is up to Congress to determine what to do in the event one or more States cannot meet the statutory deadlines. Title 3 of the United States Code establishes procedures for the Electoral College process and requires that States settle any controversies regarding their electors at least 6 calendar days before the meeting of the electors. What happens if the States don’t submit their Certificates in time because of a recount? If a winning Presidential candidate dies or becomes incapacitated between the counting of electoral votes in the Congress and the inauguration, the Vice President elect will become President, according to Section 3 of the 20th Amendment. Section 3 of the 20th Amendment states that the Vice President elect will become President if the President elect dies or becomes incapacitated. The Constitution is silent on whether this candidate meets the definition of “President elect” or “Vice President elect.” If the candidate with a majority of the electoral votes is considered “President elect,” even before the counting of electoral votes in Congress, Section 3 of the 20th Amendment applies. We don’t know what would happen if a candidate who, after dies or becomes incapacitated between the meeting of electors and the counting of electoral votes in Congress. See the full Electoral College vote counts for President and Vice President in the 1872 election. The votes cast for Greeley were not counted due to a House resolution passed regarding the matter. In 1872, when Horace Greeley passed away between Election Day and the meeting of electors, the electors who were slated to vote for Greeley voted for various candidates, including Greeley. However, individual States may have their own requirements that govern how electors must vote at the meeting of the electors. There is no Federally-required process to follow if a candidate who is projected to receive electoral votes dies or becomes incapacitated between the general election and the meeting of electors. What happens if a candidate dies or becomes incapacitated? In the unlikely occurrence that both the President-elect and Vice President-elect fail to qualify by the beginning of the presidential term, Congress established an order of succession in 3 U.S.C. If the President-elect fails to qualify before inauguration, Section 3 of the 20th Amendment states that the Vice President-elect will act as President until such a time as a President has qualified. What happens if the President-elect fails to qualify before inauguration? Visit the National Secretaries of State website to locate contact information and web addresses for the Secretary of State from each state and the District of Columbia. In most states, the Secretary of State is the official responsible for oversight of state elections, including the presidential election. People interested in this issue may wish to contact their state election officials or their Congressional Representatives.īecause the process of qualifying for the election and having a candidate’s name put on the ballot varies from state to state, you should contact your state’s top election officer for more information. The OFR does not have the authority to handle issues related to the general election, such as candidate qualifications. The OFR at the NARA administers the Electoral College process, which takes place after the November general election. Who verifies if a candidate is qualified to run for President? How can I learn more about the Electoral College?.How do I cast my vote in this year’s Presidential election? Can electoral votes be contested when Congress counts the votes in January?.What impact does a candidate’s concession speech have on the Electoral College process?. What would happen if two candidates tied in a state’s popular vote, or if there was a dispute as to the winner?.What happens if no presidential candidate gets 270 electoral votes?.Can my State vote for the winner of the national popular vote instead of my State’s winner?.How is it possible for the electoral vote to produce a different result than the national popular vote?.What happens if the States don’t submit their Certificates in time because of a recount?.What happens if a candidate with electoral votes dies or becomes incapacitated after the general election?.What happens if the President-elect fails to qualify before inauguration?.Who verifies if a candidate is qualified to run for President?.Make sure to update your bookmarks!Ĭlick the links below for answers to these frequently asked questions. The Electoral College website now has an easy-to-remember address.
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