close
close

Association-anemone

Bite-sized brilliance in every update

What if the president-elect fails to qualify, dies or becomes incapacitated before the inauguration?
asane

What if the president-elect fails to qualify, dies or becomes incapacitated before the inauguration?

Polls are open across the United States as the 2024 US presidential election comes to a head. Millions of people are expected to cast their ballots today, and some already have them in the mail – a total of 82,052,087 early ballots have been returned according to the latest official data.

The race to the White House has been closely fought and could end up being decided by what happens in the seven swing states: Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin. One thing is for sure, either Donald Trump or Kamala Harris will be elected as the new President of the United States until the end of the day.

Whoever is elected will not take the oath immediately. That ceremony will take place on Inauguration Day, January 20, 2025. That’s two and a half months away, and anything can happen between now and then in the lame duck period.

You might enjoy it too

American presidents who died while in office

Of the 45 former US presidents, eight died while in office – half of them were assassinated. So there needs to be some sort of formal protocol in place in case something unexpected happens. So what happens if the president-elect can’t take office?

According to the 12th Amendment to the United States Constitution, if for some reason Trump or Harris cannot take office, the role will fall to their running mates, the respective vice presidential candidates, ie JD Vance in Trump’s case, or Tim Walz in the case of Harris.

The 20th Amendment also spells out what would happen if a president-elect dies in the months before being inaugurated.

United States Constitution: 12th Amendment

The Electors shall meet in their respective States, and vote by ballot for President and Vice-President, of whom at least one shall not be an inhabitant of the same State with themselves; they shall designate in the ballots the person voted for president, and in separate ballots the person voted for vice-president, and shall draw up separate lists of all the persons voted for president and of all the persons voted for vice-president. , and of the number of votes for each, the lists which they shall sign and certify and transmit under seal to the seat of the government of the United States, directed to the President of the Senate; – The President of the Senate will, in the presence of the Senate and the House of Representatives, open all the certificates and then count the votes; – The President is the person who has the highest number of votes for the President, if this number is the majority of the total number of Electors. appointed; and if no person shall have such a majority, then from among the persons having the greatest number not exceeding three on the list of those voted for President, the House of Representatives shall forthwith elect, by ballot, the President. But in the election of the President, the votes shall be taken by the states, the representation of each state having one vote; the quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be required for an election. (And if the House of Representatives shall not elect a president whenever the right of election falls to them, before the fourth day of March next, then the vice-president shall act as president, as in case of death or other constitutional acts). the handicap of the President.–) The person having the greatest number of votes as Vice-President, shall be Vice-President, if such number is a majority of the total number of Electors named, and if no person has a majority, then of the two greatest numbers from the list, the Senate elects the vice president; a quorum for this purpose shall consist of two-thirds of the total number of senators, and a majority of the whole number shall be required for an election. But no person constitutionally ineligible for the office of President shall be eligible for that of Vice President of the United States.

United States Constitution: 25th Amendment

Section 1

In case of removal from office of the president or his death or resignation, the vice president becomes president.

Section 2

Whenever there is a vacancy in the office of Vice President, the President shall nominate a Vice President to assume the office upon confirmation by a majority vote of both Houses of Congress.

Section 3

Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to perform the duties and responsibilities of his office, and until he transmits to them a written declaration to the contrary, such duties and responsibilities shall be performed by the Vice President as of interim president.

Section 4

Whenever the Vice President and a majority of the principal directors of the executive departments or of such other body as Congress may by law provide, shall transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to perform the duties and responsibilities of his office , the Vice President shall immediately assume the duties and responsibilities of the position as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that there is no incapacity, he shall resume the duties and responsibilities of his office, unless the Vice President and the majority are the principal officers of the executive department or of any such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to exercise his powers. and the duties of his office. After that Congress shall decide the matter, meeting within forty-eight hours for that purpose, if not in session. If Congress, within twenty-one days after the receipt of the last written declaration, or, if Congress is not in session, within twenty-one days after the meeting of Congress, determines by a vote of two-thirds of both Houses that The President is unable to perform the duties and responsibilities of his office, the Vice President shall continue to exercise the same as the Acting President; otherwise, the President shall resume the powers and duties of his office.

United States Constitution: 20th Amendment

Section 1

The mandate of the president and vice president ends at noon on January 20, and the mandate of senators and representatives at noon on January 3, of the years in which these mandates would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2

The Congress shall meet at least once in each year, and such meeting shall begin at noon on the 3rd day of January, unless another day shall be fixed by law.

Section 3

If, at the time fixed for the beginning of the President’s mandate, the President-elect has died, the Vice-President-elect becomes President. If a President has not been elected before the time fixed for the commencement of his term of office, or if the President-elect has failed to qualify, then the Vice-President-elect shall act as President until a President has qualified; and Congress may by law provide in the event that neither president-elect nor vice-president-elect shall qualify, declaring who shall then act as president, or the manner in which the one who shall act shall be selected, and such person shall act accordingly until a President or Vice-President qualifies.

Section 4

Congress may by law provide in case of the death of any of the persons from whom the House of Representatives may choose a president whenever the right of election has fallen to them, and in case of the death of any of the persons. from whom the Senate may elect a vice-president whenever the right of election shall have fallen to them.

Section 5

Sections 1 and 2 shall enter into force on the 15th day of October following the ratification of this article.

Section 6

This article shall be inoperative unless it shall be ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

While they existed there is no precedent of an elected president being unable to take officedied or were assassinated before they could, there have been several incidents of presidents either dying of old age/disease or being killed or incapacitated during their time as head of state.

James Abram Garfieldthe 18th US president, survived an assassination attempt at the Baltimore and Potomac Station in Washington, DC on July 2, 1881, but was incapacitated by the shooting and died of his injuries several months later. Vice President Chester Alan Arthur assumed the chair after Garfield’s death.

Woodrow Wilson he was paralyzed on his left side and bedridden for several weeks after suffering a major stroke in October 1919, three years into his second term. First Lady Edith Wilson and Vice President Thomas R Marshall performed some official duties until Wilson was well enough to return.

Roosevelt and Eisenhower both suffered from coronary disease. Lyndon Johnson was sworn in just two hours later JFK was shot in Dallas.

Ronald Reagan was infamously incapacitated after being shot outside the Washington Hilton in March 1981. On that occasion, the 25th Amendment was not invoked, but Secretary of State Alexander Haig held the fort until Vice President George HW Bush could returns to Washington from Fort Worth.