https://www.reuters.com/article/health-coronavirus-usa-trump-election-ex-idUSKBN26N343
Here’s how U.S. law and party rules address those scenarios.
- Can the Nov. 3 election be postponed?
Yes, but that is very unlikely to happen. The U.S. Constitution gives Congress the power to determine the election date. Under U.S. law, the election takes place on the first Tuesday after the first Monday in November, every four years. --snip--
- What happens if a candidate dies ahead of the election? Both the Democratic National Committee and the Republican National Committee have rules that call for their members to vote on a replacement nominee. However, it is likely too late to replace a candidate in time for the election.
Early voting is underway, with more than 2.2 million votes cast, according to the U.S. Elections Project at the University of Florida. The deadline to change ballots in many states has also passed; mail ballots, which are expected to be widely used due to the coronavirus pandemic, have been sent to voters in two dozen states.
Unless Congress delays the election, voters would still choose between the Republican Trump and Democrat Joe Biden even if one died before Nov. 3. If the winner is deceased, however, a new set of questions emerges.
- What happens if a candidate dies before the Electoral College votes?
Under the Electoral College system, the winner of the election is determined by securing a majority of “electoral votes” allotted to the 50 states and the District of Columbia in proportion to their population.
The Electoral College’s electors will meet on Dec. 14 to vote for president. The winner must receive at least 270 of the 538 total Electoral College votes.
Each state’s electoral votes typically go to the winner of the state’s popular vote. Some states allow electors to vote for anyone they choose, but more than half of the states bind electors to cast their votes for the winner.
Most state laws that bind electors do not contemplate what to do if a candidate dies. Michigan’s law requires electors to vote for the winning candidates who appeared on the ballot. Indiana law, by contrast, states that electors should switch to a party’s replacement if the candidate has died. -snip--
In the event of a candidate’s death, the opposing party might challenge in court whether bound electors should be allowed to vote for a replacement, said Lara Brown, the director of the Graduate School of Political Management at George Washington University.
- What if a winner dies after the Electoral College has voted, but before Congress has certified the vote?
After the Electoral College votes, Congress must still convene on Jan. 6 to certify the results. If a presidential candidate won a majority of electoral votes and then died, it is not entirely clear how Congress would resolve the situation.
The Constitution’s 20th Amendment says the vice president-elect becomes president if the president-elect dies before Inauguration Day. But it’s an open legal question whether a candidate formally becomes the “president-elect” after winning the Electoral College vote, or only after Congress certifies the count.
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