In that case, the vice president-elect becomes the president-elect. It is an open legal question whether a candidate becomes the president-elect after winning a majority of the vote in the Electoral College or only after Congress counts the vote. If the president-elect does not die but becomes incapacitated, he could voluntarily transfer authority to the vice-president after Inauguration Day.
The Twenty-Fifth Amendment lays out this process. The president can regain the powers and duties of the presidency by submitting a written statement that he is capable of serving again. The Twenty-Fifth Amendment also addresses the possibility that the president becomes incapacitated but is unable or unwilling to leave office.
In that situation, if the vice president and a majority of the cabinet declare the president unfit to serve, the vice president becomes acting president. The amendment also outlines how the president can reassume the powers of the presidency. If the president declares that he is capable of serving, the cabinet and vice president must respond within four days. If this latter group holds that the president is still unfit to serve, Congress must vote on whether to reinstate the president.
The president will be reinstated unless a two-thirds majority of both chambers votes against this. The election took place against a backdrop of uncertainty. Bush by ending the recount in Florida. In , Andrew Jackson won a a plurality of the popular vote and the most Electoral College votes.
Jackson won the presidency four years later. Congress also helped choose the president following the election in between Republican Rutherford B. Hayes and Democrat Samuel Tilden. Tilden won the popular vote and the electoral count.
But Republicans challenged the results in three Southern states, which had submitted slates of electors for both candidates, according to the House history.
To resolve the dispute, Congress set up a bipartisan commission of House members, senators and Supreme Court justices. After cutting a deal to remove federal troops from the South, ending Reconstruction following the Civil War, the commission voted along party lines to award the presidency to Hayes. This story has been updated to correct the spelling of the surname of a law professor at the University of California—Irvine School of Law to Hasen, not Hasan.
Sections U. Science Technology Business U. The White House is shown Friday, Oct. Full Coverage: Election Paul Wellstone, D-Minn. Richard L. A Mess ," Oct. Brian C.
Kalt, " The law is clear about handling presidential illness — but it can get murky fast ," Oct. Matt Glassman, tweet , Oct. Josh Chafetz, tweet , Oct. Email interview with Frank O. Email interview with Michael J. Gerhardt, constitutional law professor at the University of North Carolina, Oct. Email interview with Richard L. Hasen, professor of law and political science at the University of California-Irvine, Oct.
The Principles of the Truth-O-Meter. Stand up for the facts! More Info. I would like to contribute. One Time Monthly Yearly. What happens if a president or nominee dies or is incapacitated? Around elections, it gets thorny. By Louis Jacobson October 2, What happens if the winner of the election dies after the casting of the electoral votes in early January?
Is there a rule for counting ordinary voter ballots that were cast for a dead or incapacitated candidate before they died or became incapacitated? Read About Our Process. Bob Good stated on November 4, a radio interview. Dennis Prager stated on November 8, an interview with Newsmax:.
But it would've been inconceivable. We're now finally back to , jobs a month. We inherited a country where 4, people a day were dying from Covid. Can President Trump continue to run his bu Can a U.
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