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Wednesday, August 31, 2016

A Candidate's Death Could Delay or Eliminate the Presidential Election

The presidential election could be delayed or scrapped altogether if conspiracy theories become predictive and a candidate dies or drops out before Nov. 8. The perhaps equally startling alternative, if there's enough time: Small groups of people hand-picking a replacement pursuant to obscure party rules.

The scenarios have been seriously considered by few outside of the legal community and likely are too morbid for polite discussion in politically mixed company. But prominent law professors have pondered the effects and possible ways to address a late-date vacancy.

"There's nothing in the Constitution which requires a popular election for the electors serving in the Electoral College," says John Nagle, a law professor at the University of Notre Dame, meaning the body that officially elects presidents could convene without the general public voting.

"It's up to each state legislature to decide how they want to choose the state's electors," Nagle says. "It may be a situation in which the fact that we have an Electoral College, rather than direct voting for presidential candidates, may prove to be helpful."

Both major parties do have rules for presidential ticket replacements, however, and Congress has the power to change the election date under Article II of the Constitution, which allows federal lawmakers to set dates for the selection of presidential electors and when those electors will vote.

But Congress would be up against a de facto December deadline, as the Constitution's 20th Amendment requires that congressional terms expire Jan. 3 and presidential terms on Jan. 20.

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5 comments:

Anonymous said...

So a different route to give obama a third term... Maybe that is why they are preparing with military drills, that we would get fed up and revolt...

Not Quite Understanding said...

I hope that Trump's plane makes it back from Mexico today. I was wondering what would happen if they decided to kidnap him over his "wall" remarks.

Anonymous said...

12:58 We can only hope, that would be great!

Anonymous said...

electoral college is a joke

Anonymous said...

Why do you think Obama pardon all these drug offenders / Kingpins who has Federal gun violation charges. Eric Holder will find them and give them more illegal guns. Trump needs to bring out his undercover security, which he probably already has knowing the dirty tricks the Hillary Mafia will try.