What if McCain croaks?

[verges]

Seriously. There seems to be a lot of speculation about his current state of health. So, what happens if he doesn't make it to November 4th? Does Palin automatically become the GOP candidate? Does the Republican leadership start scurrying to find a replacement candidate (and if so, who?) Do the elections get delayed (God forbid!) Are there rules for such a situation?

[Kutjara]

1. Palin/Cheney! You know it makes sense!

:puke:

[onenote]

2. Per the repub rules, the RNC picks a replacement

Pretty much the same as the rules the Democrats have for such a contingency.

[unblock]

6. would they leave mcdead's name on the ballots?

what if it's too late to change the ballots?

does their pick win even if the people vote for mcdead posthumously/

[unblock]

3. this has never happened in a presidential contest, but it has happened of other offices

it depends on the timing, if it's too late to change the ballots. by today, i suspect it IS too late to change the ballots, at least in some states.

SO, mcdead would continue to be the top of the ticket and could theoretically get elected posthumously. i'm 99% sure that palin would become president in that scenario, and would then appoint a veep, subject to confirmation by the senate.

[verges]

7. then let's hope the sob hangs on! nt

[jobycom]

12. be 100% sure.

The VP Elect, per the 20th amendment, becomes president if the president-elect is dead at inauguration day, unless she for some reason is legally disqualified or dead herself--in which case Congress makes the decision.

[unblock]

13. that would cover the case when mcdead dies AFTER the election

i'm less sure the same applies if he dies BEFORE the election.

[jobycom]

19. It would cover the scenario you create.

"SO, mcdead would continue to be the top of the ticket and could theoretically get elected posthumously. i'm 99% sure that palin would become president in that scenario, and would then appoint a veep, subject to confirmation by the senate."

If he's elected, and he's dead (before or after the election, it doesn't say), then she gets sworn in.

[SallyMander]

4. They'd pick Romney

That would be my bet...

[K Gardner]

5. Gads, I hate to say this but I'd rather see Romney running than this old, dangerous FOOL !

[SallyMander]

8. Seriously - but i think Romney would have been

more of a contender against Barack. He's young(er), good looking in a droid sort of way... McCain just looks like a corpse next to our guy. :D

[K Gardner]

17. You're funny, SallyMander :-)

[zbdent]

9. religious right experiences a simultaneous group

orgasm ...

[jobycom]

10. There are rules.

20th Amendment

3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

-------------

If he dies before the election, as far as I know, it is up to the individual states to determine how they will divide their electoral votes. As you probably know (not everyone does), the Constitution does not require that a president be elected. Each state is in charge of how they choose the Electors for the Electoral College. As of now, all states use an election, but that is not required. I would guess that most states already have provisions, and judging from past cases where a candidate has died close to the election, the states would leave the dead candidate's name on the ballot, and if that candidate wins, then the 20th Amendment would kick in. But this would be up to the states, I believe, since I know of nothing in the Constitution that says otherwise.

[unblock]

14. good point about the electoral college

mcdead's electors could always huddle up and agree to vote for whomever they wished for president.

[question everything]

11. Someone asked this in the local paper today

StarTribune.com
Fixit: Succession a thorny issue in elections

By KAREN YOUSO, Star Tribune

September 24, 2008

Q What would happen if either a presidential or vice presidential candidate were to die between now and the election? I remember the upheaval after the plane crash killed Paul Wellstone, and that was just for a senator.

A The Constitution basically is quiet on the subject. This has revealed itself to be a vulnerability, especially after 9/11 and the terrorist attacks that aimed to disrupt Spain's elections in 2004.

Rep. Brad Sherman (D-Calif.), who chairs the House Subcommittee on Terrorism and has researched the issue since 2004, offered the following answer to the question. If a presidential candidate dies after the convention, the assumption is that the vice president would take his or her place. However, nothing obligates those electors to follow that assumption.

Technically, the electors are pledged to vote for their party's vice presidential candidate for vice president, not president. If a few electors honored their technical pledge, rather than take the expected action, the party that prevailed in the election would lose in the electoral college and might lose the presidency. If both the presidential and vice presidential nominees of the party were to die before the election, voters wouldn't know who would become the president if that party's electors won the November election.

(snip)

Rep. Sherman and Sen. John Cornyn (R-Texas) have been urging both parties to take two actions at their presidential nominating conventions:

• Name first and second back-ups to their vice presidential candidates in case either or both their presidential or vice presidential nominees die before taking office.

• Require their electors to pledge to vote for the party's vice presidential nominee for president if its presidential nominee is deceased and to vote for the appropriate backup for president or vice president if those higher in the succession chain are no longer available.

In addition, Congress needs to address what would happen should both the president-elect and vice president-elect die after the Electoral College meets (early December) but before the results are certified by Congress (early January). Using its constitutional powers, Congress should require that, in such a circumstance, the Electoral College would reconvene before the results are certified by Congress. This would allow the electors to elect the backup and second backup as president-elect and vice president-elect.

These aren't macabre or boring technical issues, according to Sherman. "We should safeguard our institutions in our quadrennial period of heightened vulnerability."

Shttp://www.startribune.com/lifestyle/homegarden/29687824.html?elr=KArks7PYDiaK7DUHPYDiaK7DUiD3aPc:_Yyc:aUU

[jobycom]

22. I can't see how she's right about that.

She seems to think that if McCain died, and he won the election anyway, that the Republican Electors chosen in the election wouldn't be required to vote for Palin for president, since they've only pledged to vote for her as VP. That's true. But they'd still be required to vote for McCain. I don't see any requirement to stop them from voting for McCain just because he's dead. You could argue that the Electors could violate their pledge and not vote for him, but that's always possible anyway, live or dead candidate not withstanding.

Once they voted for McCain for president and Palin for VP, as required, then the 20th Amendment would kick in, and Palin would become president. I don't see how that's vague. Youso seems to think that the way Palin would become president would be for the electors to choose her, but that's not right. She would become president because she was the VP elect and the president-elect was dead. No Electors would have to break their pledge.

Of course, the reality could be different. Some Electors could argue that since McCain is dead, they are released from their pledge, and vote for someone else. I don't know why they'd do that--it would only prevent them from winning. But in such a topsy-turvy situation, anything could happen. Then again, that's also possible in any regular election.

This is such a morbid post that I feel it necessary to add that I sincerely hope nothing happens to McCain between now and the election, or for many long years afterwards, aside from him losing the election, of course. I might hate the old bugger in a political sense, but I'm fond of him otherwise. I'll be glad when he loses and I can just think of him as a crotchety old former senator with a wicked sense of humor.

[ronnykmarshall]

15. It's a TRAP!

[flamingdem]

21. Oh noes a twap to get McPalin elected Queen

oooooo

[MadrasT]

16. McSame gets elected posthumously, Cindy is president.

:rofl:

[K Gardner]

18. Budweiser fpr every man, woman and child.. oops...

[truthisfreedom]

20. There are other candidates. If Ralph Nader dropped dead, would they stop the election?

I don't think so.