Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
In reply to the discussion: UNPRECIDENTED: So what happens if TRUMP DIES, 2 or 3 days before [View all]eppur_se_muova
(39,757 posts)16. From the Twelfth Amendment:
The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, 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. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a 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 necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.
The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
https://www.reaganlibrary.gov/constitutional-amendments-amendment-12-electing-president-and-vice-president
So ... the interpretation of "person" becomes crucial. If the person having the greatest number of votes for President is not a living person, does that count? If yes, then the VP will be sworn in and succeed to POTUS. If not, the runner-up (from the other party, in a two-party-dominated system!) will be POTUS, and the VP will be from the late candidate's party! If there is no agreement the VP (Harris) will "act" as POTUS -- but there's no qualification designating such choice as "temporary" or "acting"!
Edit history
Please sign in to view edit histories.
Recommendations
2 members have recommended this reply (displayed in chronological order):
74 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations

UNPRECIDENTED: So what happens if TRUMP DIES, 2 or 3 days before [View all]
DemocraticPatriot
Nov 2023
OP
This would be a constitutional crisis. We cannot be leaderless. We re-vote, I guess.
CTyankee
Nov 2023
#57
Votes for Trump would still be valid, since we don't really vote for the candidates themselves,
DemocraticPatriot
Nov 2023
#71
THANKS! That certainly gave answers to all possible relative questions!
DemocraticPatriot
Nov 2023
#68
Somehow, I think the U.S. Extreme Court would get involved in the election.
JustABozoOnThisBus
Nov 2023
#55