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What happens if a presidential nominee becomes incapacitated before the election? (2020)
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Whether it is possible for a party to change a presidential candidate's name on the general election ballot depends on ballot certification deadlines set by the states. These deadlines are based, in part, on when ballots must be printed for early and absentee voting. In most states, the deadline to replace a candidate’s name in 2020 was September 8 or earlier. For more information on ballot access for presidential candidates, please click here.
Political parties set procedures for how to nominate a replacement in the event that a presidential or vice-presidential candidate withdraws from the race, dies, or becomes incapacitated. However, if it is too late to replace a candidate's name on the ballot, the party's decision on a replacement would constitute a recommendation on whom its electors should vote for.[1] The final decision then rests with the Electoral College, which is scheduled to vote on December 14, 2020.[2]
In many states, electors are not required by law to vote for the candidate who wins the popular vote in their state or district. These electors could vote for a replacement candidate that the political party has selected.[1]
Other states do have laws that require electors to vote for the candidate who wins the popular vote in their state or district. However, it is an open legal question whether these laws are binding in the scenario where the winning candidate is unable to serve. It is possible that electors in these states could also legally vote for a party's replacement candidate.[1]
Party rules for nominating replacement candidates for president and vice president are outlined below.
DNC rules for replacing a candidate
The Democratic National Committee outlines the process it uses to nominate replacement candidates in its Charter and Bylaws.
In the event of a vacancy on the national ticket, the Chairperson of the DNC, currently Tom Perez, would call a special meeting. Members of the DNC would select a replacement candidate by majority vote according to the rules outlined in the Charter and Bylaws.[3]
RNC rules for replacing a candidate
The Republican National Committee spells out the procedure for nominating replacement candidates on the national ticket in Rule 9 of The Rules of the Republican Party.
Rule 9 allows for two options for selecting a replacement candidate. The first option is for the members of the RNC to select a candidate by majority vote. The representatives from each state would be entitled to cast the same number of votes as the state did during the national convention.[4]
The second option is for the party to hold a second national convention. In that case, the party's delegates would select the replacement candidate.[5]
The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.
More frequently asked questions about the 2020 election
Click on a question below to read the answer:
- General election information
- Who runs elections in the United States?
- Why do states have different election rules?
- What methods do states use to prevent election fraud?
- Do you have to vote for everything on your ballot?
- What happens if you mark outside the lines or use the wrong pen/pencil?
- What is a spoiled ballot?
- What is a write-in candidate?
- How can I check the status of my ballot?
- Can I take a ballot selfie?
- Presidential election
- What happens if a presidential candidate declares victory in the 2020 election before results are final?
- Can presidential candidates win the election if they have already conceded?
- What are the steps and deadlines for electing the President of the United States?
- What happens if there is a tie in the Electoral College?
- What are faithless electors in the Electoral College?
- What happens if a presidential nominee becomes incapacitated before the election?
- Can members of Congress object to Electoral College results?
- Processing and counting absentee/mail-in ballots
- What is the life cycle of an absentee/mail-in ballot?
- What happens if I vote by mail and want to change my ballot at a later date?
- What happens if someone votes by mail and then tries to vote in person?
- How do states protect and verify absentee/mail-in ballots?
- How do election workers match signatures?
- Are results reported on election night coming from in-person or absentee/mail-in votes?
- Do states report how many mail-in/absentee ballots are outstanding on election night?
- Do absentee/mail-in ballots take longer to count than in-person ballots?
- What happens if someone votes by mail-in ballot or absentee ballot and subsequently passes away before Election Day?
- Disputing election results
- How will election recounts work?
- How close does an election have to be to trigger an automatic recount?
- Can a candidate or voter request a recount?
- Who pays for recounts and contested elections?
- What are poll watchers?
- What does it mean to challenge a voter's eligibility, and who can do it?
- What is a redo election?
- Who can file election-related lawsuits?
- What are the reasons to call a redo election?
- Who can call a redo election?
- Can a redo be held for a presidential election?
- Transitions of power and taking office
- Who is the president if election results are unknown by January 20, 2021?
- Who serves in Congress if election results are unknown by January 2021?
- Who serves in a state or local government if election results are unknown?
- What happens if the winning presidential candidate becomes incapacitated before taking office?
- Articles about potential scenarios in the 2020 election
- U.S. Supreme Court actions affecting the November 3, 2020, general election
See also
- State laws and party rules on replacing a presidential nominee, 2020
- Presidential election, 2020
- Ballot access for presidential candidates
Related articles
- Politifact, "What happens if a president or nominee dies or is incapacitated? Around elections, it gets thorny," October 2, 2020
- Washington Post, "What happens to the election if Trump can’t perform his duties?", October 2, 2020
- Financial Times, "What happens if a candidate must withdraw from a presidential election?", October 2, 2020
- Reason, "What Happens if Trump Becomes too Incapacitated to Serve, Drops Out of the Election, or Both?", October 2, 2020
- New York Times, "What if Trump Can’t Run? Many Steps Are Clear, but Some Are Not," October 2, 2020
- Associated Press, "AP EXPLAINS: What happens if a candidate for president dies?", October 4, 2020
Footnotes
- ↑ 1.0 1.1 1.2 Washington Post, "We’re in the final stages of the presidential election. What happens if a candidate withdraws or dies?" October 2, 2020
- ↑ NCSL, "The Electoral College," September 24, 2020
- ↑ Democratic National Committee, "The Charter & The Bylaws of the Democratic Party of the United States," August 25, 2018
- ↑ Republican Party, "Rules of the Republican Party," July 20, 2018
- ↑ Quartz, "Who is the Republican nominee if Trump dies before the election?" October 1, 2020