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Joe Biden isn’t going to make it to Election Day

Posted on 9/22/20 at 10:07 am
Posted by Blizzard of Chizz
Member since Apr 2012
18965 posts
Posted on 9/22/20 at 10:07 am
He’s an old man who looks and sounds like an old man. He’s campaigning less than Hillary at this point which is quite a feat when you consider how lazy she was. Either he drops out or he checks out, one or the other
Posted by BottomlandBrew
Member since Aug 2010
27060 posts
Posted on 9/22/20 at 10:12 am to
So honest question as I don't know the rules. What happens if he does kill over prior to November? What's the protocol? Does the DNC do an emergency nomination? What about state ballots? How are those fixed? Are the allowed to be changed this late?

All I know about it comes from a West Wing episode where the character Will Bailey got a dead dude elected.
Posted by SirWinston
PNW
Member since Jul 2014
81289 posts
Posted on 9/22/20 at 10:12 am to
He'll get through this week fairly easily because it's allowable for him to spend time on "debate prep". Hillary was nonexistent on the trail leading up to her first debate even though she was mostly resting.

Posted by Wednesday
Member since Aug 2017
15395 posts
Posted on 9/22/20 at 10:13 am to
It makes me sad and terrified to say that I think you are absolutely right
Posted by BottomlandBrew
Member since Aug 2010
27060 posts
Posted on 9/22/20 at 10:19 am to
Just did my own research. TIL.

If a candidate dies prior to the election:

quote:

If a candidate dies before the general election but after they've secured their party's nomination, it's a relatively simple fix: The deceased candidate's party picks a replacement (who may or may not be the vice presidential candidate from the ticket), and that replacement is on the ballot on Election Day. Both the Republican and the Democratic parties have rules about how their parties would fill the vacancy.


If a candidate wins the general election but dies before the electoral vote:

quote:

If a candidate dies between the popular vote and the meeting of the Electoral College the parties follow the same process to fill the vacancy on the ticket. If the candidate that dies is on the winning ticket, it's still the party's responsibility to provide a new candidate their electors could vote into office.

But here, the political implications are more serious because it takes some of the power away from the people; they don't get to vote again. The replacement candidate's name goes on the Electoral College ballot only, and their political party expects its electors to vote the replacement candidate into office.

There's no federal law saying the electors have to vote for the new candidate. Theoretically, if the candidate to whom they pledged their votes dies and their party doesn't name a preferred successor, electors could vote for the party's VP candidate, a third-party candidate or a leading contender within their own party. But state laws vary on the matter.


If the president-elect dies:

quote:

The 20th Amendment of the U.S. Constitution provides that if the president-elect dies, the rules of succession apply, and the vice-president-elect becomes the president-elect. Unfortunately, it's not clear when in the process a winning candidate becomes president-elect.

The winning candidate definitely assumes the title president-elect after Jan. 6, when Congress officially counts the Electoral College votes and declares a winner. But a winning presidential candidate has never died before being inaugurated, so Congress has never had to define president-elect.


Now for the fun one. If the winning candidate dies between the electoral vote and before Congress counts the vote:

quote:

If the winning presidential candidate dies between Dec. 15 but before Jan. 6, Congress would have to decide whether to count the votes cast for them. If Congress chooses to validate the votes, the laws of presidential succession are carried out, and the winning candidate's vice president becomes president-elect.

If Congress chooses not to validate the votes, however, the question will be whether the living candidate has a majority of the overall electoral votes. If they don't, then the 12th Amendment says the House of Representatives must elect the president from among the three candidates with the most votes.

In a two-person race, then, the breathing candidate wins. In 2020, the people vote on Tuesday, Nov. 3; the Electoral College votes on Dec. 14, 2020; and Congress counts the electoral votes on Jan. 6, 2021. The new president and vice president will be inaugurated on Jan. 20, 2021.


source
This post was edited on 9/22/20 at 10:20 am
Posted by gthog61
Irving, TX
Member since Nov 2009
71001 posts
Posted on 9/22/20 at 10:21 am to
9:22
Posted by Homesick Tiger
Greenbrier, AR
Member since Nov 2006
54202 posts
Posted on 9/22/20 at 10:34 am to
So, according to your quote all early cast votes, especially by mail, would be null and void?
Posted by Rocco Lampone
Raleigh, NC
Member since Nov 2010
3051 posts
Posted on 9/22/20 at 10:36 am to
quote:

If a candidate dies before the general election but after they've secured their party's nomination, it's a relatively simple fix: The deceased candidate's party picks a replacement (who may or may not be the vice presidential candidate from the ticket), and that replacement is on the ballot on Election Day.


So what about the people who have already mailed in their Biden vote? Lost vote? I wouldn’t think they would get a RE-do.
Posted by anc
Member since Nov 2012
17995 posts
Posted on 9/22/20 at 10:38 am to
quote:

If a candidate wins the general election but dies before the electoral vote:

quote:
If a candidate dies between the popular vote and the meeting of the Electoral College the parties follow the same process to fill the vacancy on the ticket. If the candidate that dies is on the winning ticket, it's still the party's responsibility to provide a new candidate their electors could vote into office.

But here, the political implications are more serious because it takes some of the power away from the people; they don't get to vote again. The replacement candidate's name goes on the Electoral College ballot only, and their political party expects its electors to vote the replacement candidate into office.

There's no federal law saying the electors have to vote for the new candidate. Theoretically, if the candidate to whom they pledged their votes dies and their party doesn't name a preferred successor, electors could vote for the party's VP candidate, a third-party candidate or a leading contender within their own party. But state laws vary on the matter.


Oh wow. That could be awful.

Biden wins general election, but dies before December 15. DNC puts some radical we've never heard of up. Kamala isn't in the order of secession until new Congress convenes in January.

This post was edited on 9/22/20 at 10:41 am
Posted by BottomlandBrew
Member since Aug 2010
27060 posts
Posted on 9/22/20 at 10:42 am to
Maybe? I don't know. I tried to do a little research and I'm not coming up with anything definitive. Seems various state laws come in to play. Regardless of your horse in the race, let's hope we don't have to find out. The less ambiguity in the situation, the better for everyone.
This post was edited on 9/22/20 at 10:43 am
Posted by texn
Pronouns: Y'All/Y'All's
Member since Nov 2019
3496 posts
Posted on 9/22/20 at 10:42 am to
quote:

If a candidate dies before the general election but after they've secured their party's nomination, it's a relatively simple fix: The deceased candidate's party picks a replacement (who may or may not be the vice presidential candidate from the ticket), and that replacement is on the ballot on Election Day


Hence, why the Democrats are telling everyone to vote early...because you might not like the candidate that they switch to right before Election Day.
Posted by RockyMtnTigerWDE
War Damn Eagle Dad!
Member since Oct 2010
105376 posts
Posted on 9/22/20 at 10:43 am to
They know which is why they have Harris saying the Harris-Biden administration. Letting voters know Biden may be President in title only, but she will be running things.
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