Who Becomes president if the President-elect can't?

[anaconda]

Hypothetically, if a President elect is unable, for one reason or another (illness, death, no birth certificate, commits a felony, etc.) to assume office and this is determined before the electoral college meets, how do we get a President?

[Mitt Romneys sideburns]

They all vote for Ron Paul, who is backed by a billionaire.

[anaconda]

They all vote for Ron Paul, who is backed by a billionaire.

Thanks. That's what I thought..

[nate895]

If he is declared ineligible after the votes are counted in the Congress, the VP then becomes President until they become eligible (never in the case of Obama). If before, I'd be willing to bet that the SC would order a new election. The Constitutional way would be to wait for the electoral votes come in, and if no one other than Obama had a majority, then the top three other contenders would be considered (most likely, only McCain).

[Bradley in DC]

Hypothetically, if a President elect is unable, for one reason or another (illness, death, no birth certificate, commits a felony, etc.) to assume office and this is determined before the electoral college meets, how do we get a President?

Um, not to bring the Constitution into it or anything, but we don't have a president-elect before the electoral college meets. ;)

[anaconda]

Um, not to bring the Constitution into it or anything, but we don't have a president-elect before the electoral college meets.

I am referring to the candidate who has a majority of electoral delegates elected by the people, or are bound to vote for them presumably in accordance with state laws.

I think the situation would be identical to a situation where a candidate who won the election had a heart attack and died before the electoral college could meet. Perhaps they become "unbound" and may vote for someone else. Perhaps a new election would not be necessary.

[Bradley in DC]

I am referring to the candidate who has a majority of electoral delegates elected by the people, or are bound to vote for them presumably in accordance with state laws.

I think the situation would be identical to a situation where a candidate who won the election had a heart attack and died before the electoral college could meet. Perhaps they become "unbound" and may vote for someone else. Perhaps a new election would not be necessary.

Yes, I understood your post

http://www.archives.gov/federal-register/electoral-college/state_responsibilities.html#meeting

http://www.archives.gov/federal-register/electoral-college/faq.html#popular

http://www.thegreenpapers.com/G08/EC-Meeting.phtml

[Mitt Romneys sideburns]

the VP then becomes President until they become eligible (never in the case of Obama).

I dont know, he might reincarnate or something, thus meeting the natural born citizen clause.

[slothman]

If he is declared ineligible after the votes are counted in the Congress, the VP then becomes President until they become eligible (never in the case of Obama). If before, I'd be willing to bet that the SC would order a new election. The Constitutional way would be to wait for the electoral votes come in, and if no one other than Obama had a majority, then the top three other contenders would be considered (most likely, only McCain).

I highly doubt that SCOTUS would make a new election.

In this case I would huess that Obama will be POTUS and serve for a term or 2.

[xd9fan]

Do you really think SCOTUS would say no to Obama?? Really? Thoses fuck knobs looked at the 2nd bill of Right and came up with a 5 to4 ruling on what it meant.

They would split a ruling on what's the color of a clear blue sky!!

Barry Obama will be #44.

[acptulsa]

In the event that the president elect cannot be sworn in on January 20, the vice president elect will be per (iirc) Amendment XX.

Biden. No joy there...

[tonesforjonesbones]

Ah...I thought i read that the house decides...tones

[acptulsa]

Ah...I thought i read that the house decides...tones

Only if the electoral college is deadlocked. Different situation than death or lack of qualification of a candidate.

[anaconda]

In the event that the president elect cannot be sworn in on January 20, the vice president elect will be per (iirc) Amendment XX.

Biden. No joy there...

But I don't think that applies before the electoral college meets.

[acptulsa]

But I don't think that applies before the electoral college meets.

Interesting question. When is the president elect officially and Contitutionally the president elect? Is it when the electors vote or is it when the people elect the electors? Probably the former, but the amendment in question doesn't really specify. In any case, I don't think the eligibility question would prevent the clause from kicking in--if the electors vote for Obama the Twentieth would take over, and if the electors are in doubt they'll probably choose to support the Twentieth and just elect Biden outright.

[MRoCkEd]

I dont know, he might reincarnate or something, thus meeting the natural born citizen clause.
very good point

[John of Des Moines]

Come hell or high water the Electors of the Electoral Court will meet.

If, SCOTUS determines BHO is not qualified then they will then declare it a "political issue" and pass the issue off the Congress.

If, they pass on the issue then it's up to at least ONE member of Congress to object to votes for BHO when they're counted in Congress. Then the Congress as a whole would have to determine the matter.

Remember, even through it's a Democratic Congress doesn't knee-jerk think they will fall our themselves to help out BHO if it's determined he's a liar.

[acptulsa]

very good point

Wonder what percentage of the public would be satisfied if he reported that he was 'born again' in Chicago?

[John of Des Moines]

Interesting question. When is the president elect officially and Contitutionally the president elect? Is it when the electors vote or is it when the people elect the electors? Probably the former, but the amendment in question doesn't really specify. In any case, I don't think the eligibility question would prevent the clause from kicking in--if the electors vote for Obama the Twentieth would take over, and if the electors are in doubt they'll probably choose to support the Twentieth and just elect Biden outright.

He's officially President elect (under the Constitution) when the votes are counted and certified by Congress.

[nate895]

Interesting question. When is the president elect officially and Contitutionally the president elect? Is it when the electors vote or is it when the people elect the electors? Probably the former, but the amendment in question doesn't really specify. In any case, I don't think the eligibility question would prevent the clause from kicking in--if the electors vote for Obama the Twentieth would take over, and if the electors are in doubt they'll probably choose to support the Twentieth and just elect Biden outright.

In the past when an ineligible candidate (we've only had dead ones in the past, however) gets electoral votes, the votes are considered null in the House, therefore no one would have a majority and the House would decide the matter between the top three electoral vote winners.

[acptulsa]

In the past when an ineligible candidate (we've only had dead ones in the past, however) gets electoral votes, the votes are considered null in the House, therefore no one would have a majority and the House would decide the matter between the top three electoral vote winners.

Don't think they could get away with it or would even try in this case. Throwing the election to McCain (as if that would make any real difference) would stir up the ignorant much too much.

[nate895]

Don't think they could get away with it or would even try in this case. Throwing the election to McCain (as if that would make any real difference) would stir up the ignorant much too much.

I know, that is why I bet that if the Supreme Court rules he is ineligible, then a new election will be ordered, with Bush staying in office until it is decided. Back to Iowa, we would have to do it all over again in short order.

[John of Des Moines]

I know, that is why I bet that if the Supreme Court rules he is ineligible, then a new election will be ordered, with Bush staying in office until it is decided. Back to Iowa, we would have to do it all over again in short order.

The 22nd Amendment prohibits the President from serving more then two 4 year terms. If there is no President or Vice President elect is available then the Speaker of the House becomes acting President.

[nate895]

The 22nd Amendment prohibits the President from serving more then two 4 year terms. If there is no President or Vice President elect is available then the Speaker of the House becomes acting President.

A term doesn't end until the next President is sworn in, it would still be the same term for President Bush. It would take two years before it would be considered a new term.

[John of Des Moines]

A term doesn't end until the next President is sworn in, it would still be the same term for President Bush. It would take two years before it would be considered a new term.

The President's term ends on January 20, period. On that day if no constitutionally qualified person is elected President or VP then the speaker of the house becomes acting President, per the 20th Article of Amendment, sections 1 and 3: http://en.wikipedia.org/wiki/Twentieth_Amendment_to_the_United_States_Constitut ion

[nate895]

The President's term ends on January 20, period. On that day if no constitutionally qualified person is elected President or VP then the speaker of the house becomes acting President, per the 20th Article of Amendment, sections 1 and 3: http://en.wikipedia.org/wiki/Twentieth_Amendment_to_the_United_States_Constitut ion

Hmm...Looks like the Congress would vote on who would become President. I'd bet Clinton would fill the interim role.

[John of Des Moines]

Hmm...Looks like the Congress would vote on who would become President. I'd bet Clinton would fill the interim role.

Well, there are several way Ms. Hillary could become President. First, she is one of the top 3 electoral college vote getters and the House votes (by states) vote her as President. Second, the House could elect her Speaker of the House (no requirement the Speaker must be a House member) and with no constitutionally qualified Pres or VP then she could becomes acting POTUS.