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Tue Oct 6, 2020, 10:28 AM

The rules for displacing an ailing presidential candidate

This is a very interesting article in the LawFareBlog. It goes through all the details of the amendments (20 & 25th) as well as party rules. Then there are state issue too that are mentioned. Well worth the read, and no paywall.
Two days have passed since we learned that President Trump is suffering from COVID-19. While there is no indication yet that his condition is serious, mainstream media outlets have rightly tried to stay a step ahead of the story and educate the public about what would happen if Trump gets a lot sicker. So, in less than 48 hours, millions of Americans have now learned the details about the rules for incapacitated presidents and for presidential nominees who die or drop out before an election.

This basic “explainer” work is important, but it often overlooks more nuanced questions—there are just so many different scenarios that Trump’s illness could give way to. One particular hypothetical that hasn’t gotten much media attention is if a candidate is seriously ill but does not drop out. What happens here? Again, this is not immediately relevant to President Trump’s situation. But regardless of whether this particular situation comes to pass in the next 30 days—and let’s hope it doesn’t—it illuminates important features in the presidential electoral system.

Before diving into the hypothetical, here’s a quick summary of the basics. Section 3 of the 25th Amendment allows a president who feels unable to discharge his duties to transfer his powers to the vice president, and the president can then reclaim these responsibilities when he feels able again. Section 4 allows the vice president and cabinet to order that transfer without the president’s consent, but allows the president to retake power when he declares he is recovered, so long as either the vice president, the Cabinet, or more than a third of either the House or Senate agree with him. And then there are the rules for presidential candidates. When presidential candidates die or drop out their parties can replace them up until the day the electoral college votes (this year December 14). In a grim situation where the president-elect dies after the electoral college vote but before the inauguration, the 20th Amendment provides that the vice president-elect swears in on January 20.

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Reply The rules for displacing an ailing presidential candidate (Original post)
RainCaster Oct 6 OP
beachbumbob Oct 6 #1
Bayard Oct 6 #2

Response to RainCaster (Original post)

Tue Oct 6, 2020, 10:37 AM

1. without GOP involved, nothing will happen, the ball is in their court

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Response to RainCaster (Original post)

Tue Oct 6, 2020, 10:45 AM

2. I would expect trump to try to continue his reign

Even if he has to put the Resolute desk on wheels.

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