What happens if the winning presidential candidate becomes incapacitated before taking office? (2020)

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The Twentieth Amendment to the U.S. Constitution governs what happens if the president-elect dies before taking office. In that case, the vice president-elect becomes the president-elect. It is an open legal question whether a candidate becomes the president-elect after winning a majority of the vote in the Electoral College or only after Congress counts the vote. The Electoral College is scheduled to vote on December 14, 2020, and Congress is scheduled to count the vote on January 6, 2021.

If the president-elect does not die but becomes incapacitated, he could voluntarily transfer authority to the vice-president after Inauguration Day. The Twenty-Fifth Amendment lays out this process. If a president submits a written statement that he “is unable to discharge the powers and duties” of the office, then the vice president becomes acting president. The president can regain the powers and duties of the presidency by submitting a written statement that he is capable of serving again.

The Twenty-Fifth Amendment also addresses the possibility that the president becomes incapacitated but is unable or unwilling to leave office. In that situation, if the vice president and a majority of the cabinet declare the president unfit to serve, the vice president becomes acting president. The amendment also outlines how the president can reassume the powers of the presidency. If the president declares that he is capable of serving, the cabinet and vice president must respond within four days. If this latter group holds that the president is still unfit to serve, Congress must vote on whether to reinstate the president. The president will be reinstated unless a two-thirds majority of both chambers votes against this.

Next question: What happens if a presidential nominee becomes incapacitated before the election? (2020)

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.

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• General election information
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• Presidential election
  • What happens if a presidential candidate declares victory in the 2020 election before results are final?
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  • 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?
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• Disputing election results
  • How will election recounts work?
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• Election result reporting and certification
  • What happens if candidates declare victory in the 2020 election before results are final?
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• 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

• Twentieth Amendment to the United States Constitution
• Twenty-fifth Amendment to the United States Constitution

Related articles

• Politifact, "What happens if a president or nominee dies or is incapacitated? Around elections, it gets thorny"
• Washington Post, "What happens to the election if Trump can’t perform his duties?"
• Financial Times, "What happens if a candidate must withdraw from a presidential election?"
• Reason, "What Happens if Trump Becomes too Incapacitated to Serve, Drops Out of the Election, or Both?"
• New York Times, "What if Trump Can’t Run? Many Steps Are Clear, but Some Are Not"
• Associated Press, "AP EXPLAINS: What happens if a candidate for president dies?"