What would happen if the president-elect were to pass before the inauguration? This is a question many people have no knowledge about, but this article will tell you everything you need to know.
It might interest you to know that the United States is a representative democracy, not a direct democracy, so the people don’t actually elect the president. U.S. voters elect the members of the Electoral College, and the members of the Electoral College elect the president.
So the presidential-election process goes like this: the people vote, then the electors vote, then Congress counts the ballots, then a new president is sworn into office.
The death of a president-elect before their inauguration is an event that, while never having occurred in the history of the United States, is accounted for within the framework of the Constitution and federal law. The procedures that would be followed in such a scenario are designed to ensure the continuity of government and the peaceful transfer of power.
The 20th Amendment and the vice president-elect
According to the 20th Amendment, if a president-elect dies before beginning their term, the vice president-elect is next in line to assume the presidency. This amendment provides a clear and immediate solution to an otherwise potentially chaotic situation, ensuring that the executive branch of the government does not remain leaderless.
Electoral College and Congressional certification
The point at which a candidate officially becomes “president-elect” is subject to debate. The title is definitively assumed after Congress counts the Electoral College votes on January 6 and declares a winner.
However, some argue that the shift occurs immediately after the Electoral College vote. If the president-elect dies after the Electoral College vote but before Congressional certification, Congress must decide whether to count the votes cast for them. If deemed valid, the vice president-elect would be promoted to president-elect.
Presidential Succession Act
In the event that both the president-elect and vice president-elect are unable to assume their roles, the Presidential Succession Act of 1947 outlines the subsequent line of succession. The speaker of the House would be next in line, followed by the President pro tempore of the Senate, and then the Cabinet secretaries in the order of their department’s establishment.
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.
Historical precedents
While this situation has never occurred, there have been close calls. In 1872, presidential candidate Horace Greeley died after the general election but before the Electoral College vote. His electoral votes were ultimately dismissed by Congress, but the incident underscored the need for clear succession protocols.
Conclusion
The death of a president-elect before inauguration would undoubtedly be a moment of national mourning and uncertainty. However, the constitutional provisions and federal laws in place provide a clear path forward, ensuring that the office of the president would be filled and the functions of the executive branch would continue uninterrupted. The 20th Amendment and the Presidential Succession Act serve as safeguards against a potential power vacuum, reflecting the resilience and foresight of the American democratic system.
