The prospect of a candidate dying or experiencing some catastrophic health problem has injected additional speculation and uncertainty into a presidential race that has already had more than the usual share of turmoil and surprises. Fortunately, there is a bit of history as well as law that would guide the process of replacing a candidate.
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.
That may not be a comforting thought. But neither is this quote from a prominent law professor:
“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.”
It may prove “helpful,” but I doubt it would be a smooth process. Another law professor adds another scenario to our list of possibilities.
Yale Law School professor Akhil Reed Amar considers in a 1994 article in the Arkansas Law Review the possibility of a special presidential election being pushed to after Jan. 20, with the speaker of the House serving as acting president until an election could pick “a real president for the remainder of the term.” But he tells U.S. News that scenario probably is far-fetched.
Far-fetched? Probably. But with what we’ve seen in this election, I wouldn’t rule much of anything out.
Source: U.S. News
Freeman Wayne Hancock you may be surprised!
It won’t be a Civil War it will be a Revolution! People are so tired of the corruption in our government, they are ready to rebel against it. The people have enough!
Freeman Wayne Hancock KILARY TROLLLLLLLLL
If something happens we will be glad to accept Mike Pence. What a horrible thought if Kaine would be president.
From what I understand, if she is elected but cannot make it to the inauguration, Obama can take a third term! This is not acceptable! We have to win!
I was wrong about the electoral college…we gotta have it…founding Fathers put it in for good reason,…I got educated on it!!!