What happens if a presidential nominee becomes incapacitated before the election? (2024)
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 2024 was September 6 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. [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
- See also: Democratic presidential nomination, 2024
Under Article 2 of The Bylaws of the Democratic Party, the Democratic National Committee (DNC) has the responsibility to fill vacancies in presidential and vice presidential nominations between national conventions.[3]
In the event of a vacancy on the national ticket, the chairperson would call a special meeting. Under Article 2 § 8(d), questions before the DNC, with some exceptions otherwise outlined in the charter and bylaws, are determined by a majority vote of the DNC members who are present and voting by proxy. The bylaws also state that voting to fill a vacancy on the national ticket must proceed in accordance with procedural rules adopted by the Rules and Bylaws Committee and approved by the DNC.[3]
RNC rules for replacing a candidate
- See also: Republican presidential nomination, 2024
Rule 9 of The Rules of the Republican Party provides guidance on how to fill presidential and vice presidential vacancies.[4]
It says that the Republican National Committee (RNC) is authorized to select a new candidate by majority vote or by reconvening the national convention to fill the vacancy. In the former process, the three RNC members from each state—comprised of a state chair, a national committeeman, and a national committeewoman—would be able to cast the same number of votes as the entire delegation from that state to the convention.[4] Under Rule 9(c), if the three RNC members did not all support the same candidate, their votes would be proportionately distributed.[4] For example, each RNC member would cast 13 of Kansas' 39 delegate votes.
See also
- What are the steps and deadlines for electing the President of the United States?
- Can presidential candidates win the election if they have already conceded?
- What happens if the winning presidential candidate becomes incapacitated before taking office?
- What happens if a presidential candidate declares victory in the 2024 election before results are final?
- Can a redo be held for a presidential election?
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
- ↑ National Archives, "Electoral College Timeline of Events," accessed August 24, 2024
- ↑ 3.0 3.1 Democratic National Committee, "The Charter & The Bylaws of the Democratic Party of the United States," March 12, 2022
- ↑ 4.0 4.1 4.2 Republican Party, "Rules of the Republican Party," April 14, 2022
