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Any experts in constitutional law out there?
1 posted on 12/15/2020 7:35:00 AM PST by Mr170IQ
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To: Mr170IQ

I think if a candidate dies, the Democratic National Committee would then name a new candidate (there not being time to hold new primaries or call a new convention of the party), who would then receive the electoral votes.


2 posted on 12/15/2020 7:37:04 AM PST by CondorFlight
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To: Mr170IQ

I’d ask for this thread to go away. It could easily be misinterpreted.


3 posted on 12/15/2020 7:37:55 AM PST by gloryblaze
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To: Mr170IQ

I’m not an expert, but I’m somewhat familiar with the Constitution. The 20th Amendment says that if the President-Elect should die before taking office, the Vice President-Elect will take office as President on Inauguration Day.

A little historical background. After winning the election of 1932, President-Elect FDR was nearly assassinated while in Florida. Chicago mayor Cermak in fact died in the attack. There was some speculation that had FDR died, Hoover would receive a 2nd term. So the 20th took care of that as well as moving inauguration day from March to January.


7 posted on 12/15/2020 7:44:39 AM PST by hanamizu
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To: Mr170IQ

I wouldn’t want the secret service to be after you for asking this question. However as a non lawyer, any president’s term ends on January 20 of the fourth year after the last scheduled inauguration. I suppose Congress can authorize another presidential election since only Congress has the power to set the date when electors vote for President.


8 posted on 12/15/2020 7:44:43 AM PST by convoter2016
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To: Mr170IQ

Biden looks like he can barely make it across the room, so this is a possibility. As far as Harris, she looks pretty healthy - and in any case, only the good die young.


9 posted on 12/15/2020 7:47:26 AM PST by livius
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To: Mr170IQ

Alex, I’ll take:

“judge” Roberts will call the foreign countries
and rapists who control him and ask what they him want to do.


10 posted on 12/15/2020 7:49:07 AM PST by Diogenesis ("when a crime is unpunished, the world is unbalanced" )
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To: Mr170IQ

Whomever the House votes as Speaker on January 5, 2021.


11 posted on 12/15/2020 7:52:01 AM PST by IndispensableDestiny
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To: Mr170IQ

President Nancy Pelosi.


12 posted on 12/15/2020 7:52:39 AM PST by DoodleDawg
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To: Mr170IQ
If before the electoral college vote the party decides. If after the electoral college then:
Congress decides if the electoral votes count
If YES, then VP become president
If NO, then they have to decide if the living candidate has the majority of the electoral vote. If not then the 12th amendment kicks in and the house chooses the candidate with the most votes.

This has happened once before in 1872. See this informative video from KCRA News

13 posted on 12/15/2020 7:56:08 AM PST by tarpit
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To: Mr170IQ

I have been studying that exact question for weeks. It looks to me like Congress decides what to do if both president elect and vice-president elect die. If Congress decides, I assume a republican will win.

I imagine that would be an ugly process, although not as ugly as handing our country over to the socialists would be. In any case, COVID, plane crashes, and other natural/accidental phenomena are unlikely to make this question relevant.


17 posted on 12/15/2020 8:16:47 AM PST by Pollster1 ("Governments derive their just powers from the consent of the governed")
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To: Mr170IQ

https://www.nationalreview.com/corner/what-happens-if-trump-or-biden-dies-before-january-20/


20 posted on 12/15/2020 8:58:10 AM PST by jjotto (Blessed are You LORD, who crushes enemies and subdues the wicked.)
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To: Mr170IQ

The reason for your confusion is this: you think you voted for a particular person to take the office. You did not. You voted for a specific elector. Regardless of the death of another person, that elector is still your states designated voter. I would suspect that elector would only have his/her conscience to guide him in casting his vote. In all likelihood, that elector would vote for the surviving member of the ticket. However, that would not be binding on the elector.


21 posted on 12/15/2020 9:01:26 AM PST by DugwayDuke (Biden - Not My President!)
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To: Mr170IQ

Amendment XX section 3.

Look it up.


24 posted on 12/15/2020 11:08:04 AM PST by Jim Noble (Lo there do I see the line of my people, back to the beginning)
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