A candidate’s death could delay or eliminate the 2016 Presidential Election

US Election Chaos
August 2016 WASHINGTON American democracy would break new ground if Hillary Clinton or Donald Trump left a presidential ticket vacancy before the Nov. 8 general election. The presidential election could be delayed or scrapped altogether if conspiracy theories become predictive and a candidate dies or drops out before Nov. 8. The perhaps equally startling alternative, if there’s enough time: Small groups of people hand-picking a replacement pursuant to obscure party rules.
The scenarios have been seriously considered by few outside of the legal community and likely are too morbid for polite discussion in politically mixed company. But prominent law professors have pondered the effects and possible ways to address a late-date vacancy. “There’s nothing in the Constitution which requires a popular election for the electors serving in the Electoral College,” says John Nagle, a law professor at the University of Notre Dame, meaning the body that officially elects presidents could convene without the general public voting. “It’s up to each state legislature to decide how they want to choose the state’s electors,” Nagle says. “It may be a situation in which the fact that we have an Electoral College, rather than direct voting for presidential candidates, may prove to be helpful.”
Both major parties do have rules for presidential ticket replacements, however, and Congress has the power to change the election date under Article II of the Constitution, which allows federal lawmakers to set dates for the selection of presidential electors and when those electors will vote. But Congress would be up against a de facto December deadline, as the Constitution’s 20th Amendment requires that congressional terms expire Jan. 3 and presidential terms on Jan. 20. Though it’s conceivable to split legislative and presidential elections, they generally happen at the same time. And if the entire general election were to be moved after Jan. 3, Congress effectively would have voted themselves out of office.
Yale Law School professor Akhil Reed Amar considers in a 1994 article in the Arkansas Law Review the possibility of a special presidential election being pushed to after Jan. 20, with the speaker of the House serving as acting president until an election could pick “a real president for the remainder of the term.” But he tells U.S. News that scenario probably is far-fetched. Is it possible for the election to be delayed until after Jan. 20, leaving both the offices of president and vice president temporarily vacant? Perhaps, Amar says, but “it wouldn’t make sense if it were permissible, given there actually are answers. Why would you ever do that?” Amar recommends an up to four-week postponement of Election Day if a candidate dies just before voting, or even if there’s a major terrorist attack.
The possible last-minute replacement of a candidate attracts some cyclical coverage, but this year the scenario would play out after consistent conjecture about the health of Democrat Hillary Clinton and hidden agenda of Republican Donald Trump. Trump, 70, would be the oldest person elected president, but his health has received less coverage over the election cycle than apparently unfounded speculation he will drop out. Clinton, 69 in October, would be the second oldest president-elect, months younger than Ronald Reagan in 1980. Although Clinton’s coughs and stumbling have earned speculative headlines on the news-driving Drudge Report, her doctor, Lisa Bardack, said she “is in excellent physical condition and fit to serve.” Trump physician Harold Bornstein, meanwhile, wrote he would be “the healthiest individual ever elected to the presidency.” –US News and World Report


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4 Responses to A candidate’s death could delay or eliminate the 2016 Presidential Election

  1. Dennis E. says:

    This is a post we did not need to see. Because some feel that this really could happen.

    Our country is on the verge of being torn apart by rage and hate.

    • Utopia: the Collapse says:

      I know, right? Came on the heels of the DHS report taking over the election. Something smells rotten in Denmark.

  2. Dennis E. says:

    A person has to say, Donald Trump is speaking what is in the hearts and minds of many Americans. The silent majority? On the other hand, Obama spoke words that many Americans had in their hearts and minds and look almost 8 years later

    Consider Trump and Obama. Obama has significantly raised the Debt to the point that most corporations would consider bankruptcy, some kind of restructuring or default.

    Trump, if elected, may have to do the opposite which would mean a significant reduction in services from the government: A tightening of the belt. That is where the whining, trouble will start.

    Just a thought.

    Not ready to post the nightmare if Hillary is elected.

  3. Wayne Morin Jr says:

    Under U.S. Code Title 18 2071 (a) and (b), Hillary is ineligible for any office under the United States. The text below is directly from that section.
    18 U.S. Code § 2071 – Concealment, removal, or mutilation generally
    (a) Whoever willfully
    and unlawfully conceals, removes, mutilates, obliterates, or destroys,
    or attempts to do so, or, with intent to do so takes and carries away
    any record, proceeding, map, book, paper, document, or other thing,
    filed or deposited with any clerk or officer of any court of the United
    States, or in any public office, or with any judicial or public officer
    of the United States, shall be fined under this title or imprisoned not
    more than three years, or both.
    Whoever, having the custody of
    any such record, proceeding, map, book, document, paper, or other
    thing, willfully and unlawfully conceals, removes, mutilates,
    obliterates, falsifies, or destroys the same, shall be fined under this
    title or imprisoned not more than three years, or both; and shall
    forfeit his office and be disqualified from holding any office under the
    United States. As used in this subsection, the term “office” does not
    include the office held by any person as a retired officer of the Armed Forces of the United States.
    There is nothing about “intent” in this code. She is guilty of this even if they can’t pin any of her other crimes on her. There is no doubt that she concealed, removed, obliterated, destroyed or attempted to do so with all those emails. She’s done. Why hasn’t she been arrested? There is also no mention of the necessity for a Grand Jury or any other procedure. (mirrored) Wayne

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