It may depend on whether or not he has been elected by the Electoral College at the time of his death, although it may be possible that he isn't the president-elect until that happens. I will look into this.
Posts: 17280 | Location: Lincoln Place, Granite City, IL, USA | Registered: 06-03-02
The 20th Amendment provides that if the President-elect dies before inauguration, but after the Electoral College has met, then the Vice-President-elect will take office as President. However - if the President dies after the election, but before the Electoral College meets, then the national committee of the winning political party would select a new candidate.
But wait - there's more! What if a Presidential candidate died immediately before or during the election process? This site discusses the possible ramifications of that event.
Posts: 6323 | Location: LA (Lower Alabama) USA | Registered: 06-03-02
"In the United States, the members of the U.S. Electoral College are elected in November once every four years, and the Electoral College in turn elects the President of the United States in December, and finally the President-elect assumes office in January. One is officially the president-elect only after being chosen by the Electoral College, but unofficially the person chosen in the November election is called the President-elect even before the Electoral College meets. An example of the practical effect of the official status is found in the U.S. Constitution's provision that if the President-elect dies, then the Vice President-elect becomes president on Inauguration Day. That rule takes effect only after the meeting of the Electoral College. If the person unofficially called the President-elect dies before that meeting, then the Electoral College would have broad discretion to choose some other person." - www.campusprogram.com/reference/en/wikipedia
Amendment XX
Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them. - US Constitution, courtesy law.cornell.edu
Posts: 17280 | Location: Lincoln Place, Granite City, IL, USA | Registered: 06-03-02
First, if the potential president elect dies after the electoral college votes but before Congress counts the electoral college vote, the House selects the president. See the 12th Amendment:
"...if no person have such majority [in the electoral college], then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President."
Second, if there is neither a president elect nor a vice-president elect, Congress can act. See the 20th Amendment, Section 3:
"...the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified." - ccollege.hccs.cc.tx.us
Posts: 17280 | Location: Lincoln Place, Granite City, IL, USA | Registered: 06-03-02
