The possibility of a presidential candidate dying or becoming incapacitated during the election is a significant concern, especially given the ages of President Joe Biden, who is 81, and former President Donald Trump, who is 78.
The USA Today explores the protocol if a presidential candidate dies, a relevant inquiry given the ages of the candidates, Trump's assassination attempt, and Biden contracting COVID again.
The procedures for replacing a candidate vary depending on when the event occurred in the election cycle. This issue has become particularly pressing after Trump recently survived an assassination attempt and Biden contracted COVID-19 for the third time.
Just this Monday, Trump was officially nominated at the Republican National Convention. Meanwhile, Democratic delegates have yet to vote for Biden. Should the incumbent president pass away or become incapacitated before the Democratic National Convention, slated for August 19-22, delegates would be released from their commitments, and a new nominee would be chosen during the convention.
If a Democratic candidate dies after the convention but before Election Day, the Democratic National Committee would collaborate with party leaders to appoint a new candidate, with input from the Democratic Governors Association. Rebecca Green, an associate professor of election law at William & Mary, commented, “Any one who is planning an election … knows this is a possibility.”
Historically, the Democrats have handled a similar situation in the 1972 election when they replaced Thomas Eagleton with Robert Sargent Shriver as vice presidential candidate via a special meeting of the Democratic National Committee.
For the GOP, if their nominee dies between the Republican National Convention and Election Day, the Republican National Committee members would cast their votes by delegation to select a new candidate. John Fortier, principal contributor to the American Enterprise Institute-Brookings Election Reform Project, explained, “It is essentially a party matter.”
Ballots for the general election are generally printed around early September. At this stage, state regulations differ on how to handle the replacement of candidates. Rebecca Green noted, “Different states have different rules for how to replace candidates and when.”
In the event of confusion, Ned Foley, director of the Election Law Program at Ohio State, added, “There is a potential for some confusion.” Voters may end up casting ballots for electors who are legally bound to vote for the replacement nominee even if an original candidate's name appears on the ballot.
The complexity extends further if the candidate dies before Congress convenes on January 6 to certify the election results. In this case, it is not definitively clear if Congress would count the votes for a deceased candidate. John Fortier said, “It's not 100% clear Congress would count the votes for somebody who is deceased.”
If no candidate achieves the required 270 Electoral College votes, the election could end up being decided in a contingent election by the House of Representatives. The 20th Amendment provides guidance in the event of a president-elect dying after Congress certifies the electoral results. In such a scenario, the vice president-elect would be sworn in as president on Inauguration Day.
Given their advanced ages and recent health issues, Biden's botched assassination attempt and Trump's recurrent COVID case underscore the need for clear procedures during unexpected events. Both the Democratic and Republican parties have established methods for nominating alternative candidates to ensure the stability of the electoral process.
Various mechanisms exist, from party conventions to the congressional certification of votes in January, to manage candidate replacements, aiming to maintain the democratic process. The integrity and continuity of the U.S. presidential election process depend on these established rules and their careful implementation to protect democracy in challenging times.
