What happens if Biden dies before the next inauguration (see inside)?
What happens if Biden dies before the next inauguration (see inside)?
What happens to the election if Biden dies before it?
- With considerable time til the election
- Not enough time to change the election
Assuming Biden wins on election day, what is the procedure at various stages throughout the election if Biden dies?
- After election day but before votes are counted
- Votes counted but not certified by Congress
- Certified but not inaugurated
- Any other stages I've missed
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There's actually a novel that describes the process and it actually depends on when it happens.
If Biden wins the election, but dies before the electoral college votes, it's a free-for-all. The electoral college can vote for whoever they want.
If he dies AFTER the EC vote, but before it's certified, there's a different set of problems.
If he dies after the vote and the certification, the VP becomes President.
If Biden wins the election, but dies before the electoral college votes, it’s a free-for-all. The electoral college can vote for whoever they want.
This is unclear. Some states have laws that say that electors must vote for who they're pledged to vote for.
But there's no enforcement.
Again, this depends on the state. In some states it's a fine. In others it's a misdemeanor and can carry jail time. See https://en.wikipedia.org/wiki/Faithless_elector.
What a useless deterrent