What if Joe Biden does not make it to inauguration day? So many questions, so few real answers. What happens if, Joe Biden has an aneurism and and is catatonic or dies? How will that affect the election? What if it happens between the election and January 20, 2021?
I had no real idea until I started to research for this paper what would happen. There is no precedence for these types of questions. This has never happened in American Politics EVER before. Thousands of questions and no real information was available. So I had to look at the system of electing a President, The Constitution and State laws, Federal Cases on Faithless electors and a host of other documents.
The answer became abundantly clear, although it would probably become a major Supreme Court Case.
What would happen? Nothing, the election would stand and the process would work it out.
So what is the process that everything would follow?
The first point is we never directly elect a president. We do not directly nominate a president. At no point in our election process does the direct votes of the voting public really matter. Let that sink in for a few minutes.
The Primaries, Caucuses or elections are not for a candidate; they are for delegates to go to the Party Convention to designate a representative of the party for nomination for the office of president. You vote for delegates not the person.
Primary and Caucuses are not really run by the State, they are administered by the State, under laws of each state, for the parties under rules set by the parties. A state party can decide to not have a primary at all, just agree to nominate one person for the party, as is often done for an incumbent president. The party selects the nominee not the voters, Voters guide the party on who they want to nominate but the party is not required to do so.
For example here are the ways to get on a ballot in in General for the office of President of the United States. Each State has some differing rules.
In order to get on the ballot in Georgia, a candidate for president of the United States must meet a variety of state-specific filing requirements and deadlines. These regulations, known as ballot access laws, determine whether a candidate or party will appear on an election ballot. These laws are set at the state level. A presidential candidate must prepare to meet ballot access requirements in advance of primaries, caucuses, and the general election.
There are three basic methods by which an individual may become a candidate for president of the United States.
- An individual can seek the nomination of a political party. Presidential nominees are selected by delegates at national nominating conventions. Individual states conduct caucuses or primary elections to determine which delegates will be sent to the national convention.
- An individual can run as an independent. Independent presidential candidates typically must petition in each state in order to have their names printed on the general election ballot.
- An individual can run as a write-in candidate.
Remember that this is how to get on the Ballot. We are primarily looking at Nominees of Political parties.
So what happens if a candidate is disabled or dies before the convention? Their delegate still go to the Convention to nominate who they want. They will no longer be bound to supporting their candidate.
So what about after the election?
Again the election is to select Electors to vote for the office of president.
U.S. Constitution SEC 2.
The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate.
Trump Pence election, Harris Sanders election, Pence Harris election even a Pence Trump election is possible under these conditions. All the Democrats who ran for office under a primary could be considered by the Electoral Collage. Also some additional Republicans.
Again U.S. Constitution SEC 2.
The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President,
If the Electoral Collage does not give a clear majority to one party then the question goes to the House for President and the Senate for Vice-President.
While this may seem to give an advantage to the Democrat’s for a Sanders/Harris presidency, the catch is in the details.
But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote;
California one vote, New York one vote, and this will be voted on by the new congress decided in November 2020, While the Democrats have the larger number of representative they are congregated with in fewer states.. If the Republicans take the House back or even gain in a few states, the president under these conditions will be Republican. Although who will be a good question. President Pence?
The Senate will pick the Vice-President, who will serve as the President of the Senate on a one person vote system, Majority of 100 votes. Harris? I sincerely doubt that.
The only other possibility is if a disabling event occurs after the Electoral collage vote,; between January 6, 2021 and January 20, 2021; then the 20th Amendment takes effect and the Vice-President elect takes office as President.
The Full details are available in the U.S. Constitution available on line at the location of your choice. My personal favorite is: https://patriotpost.us/documents
The Following is a breakdown of dates for the Electoral Collage dates and deadlines.
The Electoral College in 2020
The following is a summary of how the Electoral College will work in the 2020 presidential election:
- Spring and Summer 2020: Nomination of Electors. The political parties in each state nominate their electors. Parties and states have different ways of going about this, but a party's presidential electors are generally loyal or consistent party members. The parties want to be sure they can rely on their electors to cast their votes for the party's nominee for president.
- Nov. 3, 2020: Election Day, when voters in each state will select their presidential electors. The names of electors are not on the ballot in most states. Rather, when a voter casts a vote for a presidential candidate, s/he is also casting a vote for the electors already selected by the party of that candidate. If a majority of voters in a state vote for the Republican candidate for president, the Republican slate of electors is elected. If a majority vote for the Democratic candidate, the Democratic slate of electors is chosen.
- Dec. 8, 2020: Deadline for Resolving Election Disputes. All state recounts and court contests over presidential election results must be completed by this date.
- Dec. 14, 2020: Meeting of the Electors. The electors meet in each state and cast their ballots for president and vice president. Each elector votes on his or her own ballot and signs it. The ballots are immediately transmitted to various people: one copy goes to the president of the U.S. Senate (who is also the vice president of the United States); this is the copy that will be officially counted later. Other copies go to the state's secretary of state, the National Archives and Records Administration, and the presiding judge in the district where the electors meet (this serves as a backup copy that would replace the official copy sent to the president of the Senate if it is lost or destroyed).
- Dec. 23, 2020: Deadline for Receipt of Ballots. The electors' ballots from all states must be received by the president of the Senate by this date. There is no penalty for missing this deadline.
- Jan. 6, 2021: Counting of the Electoral Ballots. The U.S. Congress meets in joint session to count the electoral votes.
- Jan. 20, 2021: Inauguration Day. The president-elect becomes the president of the United States.
I thank God that our Founding Fathers had the insight to protect us from the Tyranny of the Minority and Majority plebiscites. America will withstand any attacks for foreign forces but can we withstand the attacks of politicians who want to destroy our nation?
The enemy within is the greater danger to Liberty.
Just my thoughts for today.