What happens if the winning presidential candidate becomes incapacitated before taking office? (2024)

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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 17, 2024, and Congress is scheduled to count the vote on January 6, 2025.

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.

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?