I would submit that you can't have a second person who receives the same number of votes. Meaning the VP on the ticket does not hold the 270 votes needed just because the presidential candidate dropped dead, for instance failing to qualify. There is no succession of officers who have not yet taken the office for which they seek. It clearly states "until a president shall qualify." Anyway the rest is from my earlier post.
The electors DO NOT QUALIFY CANDIDATES!
From that page the first question is;
Question: What happens if the President-elect fails to qualify before inauguration?
Answer:
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.Then further down on that page is another question.
Question: Who verifies if a candidate is qualified to run for President?
Answer:
The Office of the Federal Register at the National Archives and Records Administration administers the Electoral College process, which takes place after the November general election. The Office of the Federal Register does not have the authority to handle issues related to the general election, such as candidate qualifications. People interested in this issue may wish to contact their state election officials or their Congressional Representatives.
In light of this answer I emailed the contact for that page the following.
From: Greg XXXXXXXI think there should be transcripts of some past joint sessions where eligibility is discussed. IE Chester Arthur for instance or maybe perhaps President number 10, John Tyler, who was one of the first NBC Presidents.
Sent: Wednesday, September 25, 2013 3:23 PM
To: 'electoral_college@nara.gov'
Subject: US Code 3On this page "Previous Questions of The Week." here http://www.archives.gov/federal-register/electoral-college/previous_questions.html
There are two questions I would like to address, the First one is "What happens if the President-elect fails to qualify before inauguration?" And the answer is correct as it states the process described in the 20th amendment and US Code 3 Sec 19. US Code 3 describes the process of counting the electoral vote for President and Vice President during a joint session of congress.
Then a subsequent question "Who verifies if a candidate is qualified to run for President?" That answer is not very specific. You mention the Office of Federal Register at the National Archives but go on to state it is a states issue. Well in section 11 we see the first mention of the Archivist. But there are three other copies of the certificates, one set being delivered to the President of the Senate. Then is section 15 we see that two tellers from each house previously selected and are handed the certificates for opening and are dealt with in an alphabetical order. It goes on to explain and clarify the counting process.
The word qualify does not appear until section 19 when it mentions the President "elect." This is because we have determined who the President and Vice President elect are. That is the point where qualifications are to be handled. In fact section 19 describes every different situation where someone other than the President elect would assume to act as President and in each case it also declares that that person needs to be "qualified". It is mentioned "nine" times! Now how can one think that any other person or body be responsible for seeing that in these different situations involving the qualification of the President and Vice President elect, or any of the other situation listed, be handled by but Congress?
3 U.S. Code Chapter 1 - PRESIDENTIAL ELECTIONS AND VACANCIES
- § 1. Time of appointing electors
- § 2. Failure to make choice on prescribed day
- § 3. Number of electors
- § 4. Vacancies in electoral college
- § 5. Determination of controversy as to appointment of electors
- § 6. Credentials of electors; transmission to Archivist of the United States and to Congress; public inspection
- § 7. Meeting and vote of electors
- § 8. Manner of voting
- § 9. Certificates of votes for President and Vice President
- § 10. Sealing and endorsing certificates
- § 11. Disposition of certificates
- § 12. Failure of certificates of electors to reach President of the Senate or Archivist of the United States; demand on State for certificate
- § 13. Same; demand on district judge for certificate
- § 14. Forfeiture for messenger’s neglect of duty
- § 15. Counting electoral votes in Congress
- § 16. Same; seats for officers and Members of two Houses in joint meeting
- § 17. Same; limit of debate in each House
- § 18. Same; parliamentary procedure at joint meeting
- § 19. Vacancy in offices of both President and Vice President; officers eligible to act
- § 20. Resignation or refusal of office
- § 21. Definitions
So there is the process listed. Why and when did Congress start stopping at section 15?