The rules for displacing an ailing presidential candidate [View all]
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 questionsthere are just so many different scenarios that Trumps illness could give way to. One particular hypothetical that hasnt 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 Trumps situation. But regardless of whether this particular situation comes to pass in the next 30 daysand lets hope it doesntit illuminates important features in the presidential electoral system.
Before diving into the hypothetical, heres 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 presidents 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.