What happens if a president-elect passes away at the last minute?
What if the candidate dies after the election but before the inauguration on Jan. 20? The 20th Amendment states that if the president-elect dies before beginning his term, then the vice president-elect assumes his or her spot. However, the point at which a candidate officially becomes "president-elect" is debatable. He or she definitely assumes the title after Jan. 6, when a joint session of Congress officially counts the Electoral College votes and declares a winner. But the shift could be said to occur immediately after the Electoral College vote. (See Pages 2 and 3 of this PDF article from the Arkansas Law Review.)
If a candidate dies after Dec. 15 but before Jan. 6, Congress, when it convenes, has to decide whether to count the votes cast for him. (In 1872, three electoral votes cast for the late Horace Greeley were discounted by Congress, but it's unclear whether votes cast for a living candidate who subsequently dies would be treated the same way.)
If Congress decides the votes are valid, then the laws of presidential succession kick in, and that candidate's running mate moves up the ladder. If Congress decides to throw out the votes, then the question becomes whether the living candidate can be said to have a majority of the overall electoral votes—if not, then, according to the 12th Amendment, the House of Representatives must elect the president from among the three candidates with the most votes.
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If a candidate dies after Dec. 15 but before Jan. 6, Congress, when it convenes, has to decide whether to count the votes cast for him. (In 1872, three electoral votes cast for the late Horace Greeley were discounted by Congress, but it's unclear whether votes cast for a living candidate who subsequently dies would be treated the same way.)
If Congress decides the votes are valid, then the laws of presidential succession kick in, and that candidate's running mate moves up the ladder. If Congress decides to throw out the votes, then the question becomes whether the living candidate can be said to have a majority of the overall electoral votes—if not, then, according to the 12th Amendment, the House of Representatives must elect the president from among the three candidates with the most votes.