Presidential contenders Donald Trump and Joe Biden are the oldest presidential candidates in the modern era.
On Inauguration Day in 2025, Donald Trump will be 78 years old and Joe Biden He will have recently turned 82 years old.
For this reason, some will wonder what happens in the elections if one of the contenders dies during their candidacy.to. The scenario depends on when the event occurs.
Before the primaries end
Between January 15 and June 4, 2024, states will hold caucuses and primary elections. During the conventions, the two candidates who win the most delegates will be officially designated as the nominees of their respective parties.
If a candidate dies or becomes incapacitated before the primary ends, some states may postpone primaries and deadlines to allow new candidates. This situation occurred in 2020 due to the Covid-19 pandemic.
If some states don't postpone their primaries, voters can choose the "uncommitted" option. However, this option is not available in all states.
Other voters can choose to write in candidates' names using the "write-in" option for those not listed on the ballot.
After the primaries are over
If the candidate dies after the primary but before the convention in July, the convention could revert to the previous format, with unencumbered delegates. Each party would have to decide the candidate during the convention, similar to old practices.
Emergency changes to some state laws may be required.
Republicans may need a new rule to free up the deceased candidate's delegates. While Democrats, with an existing rule, might not need changes.
After the convention but before the general election
In the scenario that a candidate dies after the convention and before election day, each party can choose its presidential candidate.
If he is the Republican nominee, the Republican National Committee (RNC) will meet under Rule 9 of the party rules to choose a presidential candidate.
The Democratic National Committee (DNC) is also authorized to select the party's candidate in the event that the convention winner is unable to run.
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Electoral College: how the body that elects the President of the United States works.
What happens if a winner dies after the election?
If Trump or Biden were to die or become incapacitated between Election Day and the meeting of the Electoral College, their vice president-elect would not automatically become the replacement.
Although the election of the vice president-elect would be logical, it is not guaranteed by law at this time, since the Electoral College votes have not yet been cast.
During this period, the president-elect's electors would vote for a new candidate. There is no federal guidance on the process, and some states have their own rules for how electors vote.
Under the 12th Amendment, if the electors fail to agree on a new president, the House elects the president and the Senate the vice president in a "contingent election."
Until Congress appoints a new president-elect, under the 20th Amendment, the vice president-elect becomes acting president on Inauguration Day.
Amendment 20: Presidential Succession
Once the Electoral College votes are cast, the rules established by the Electoral College go into effect. United States Constitution in reference to the absence of the elected president.
The 20th Amendment, ratified in 1933, states that the vice president-elect becomes president if the president-elect has died by Inauguration Day.
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