Let me as a procedural question about the 2021 inauguration?

Discussion in 'Elections & Campaigns' started by Reasonablerob, Nov 20, 2020.

  1. Ronstar

    Ronstar Well-Known Member Past Donor

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    answer is right here:

    https://en.wikipedia.org/wiki/President-elect_of_the_United_States#President-elect_succession

    Scholars have noted that the national committees of the Democratic and Republican parties have adopted rules for selecting replacement candidates in the event of a nominee's death, either before or after the general election. If the apparent winner of the general election dies before the Electoral College votes in December the electors would likely be expected to endorse whatever new nominee their national party selects as a replacement. The rules of both major parties stipulate that if the apparent winner dies under such circumstances and his or her running mate is still able to assume the presidency, then the running mate is to become the President-elect with the electors being directed to vote for the former Vice Presidential nominee for President. The party's National Committee, in consultation with the new President-elect, would then select a replacement to receive the erstwhile Vice Presidential nominee's electoral votes for Vice President.
     
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  2. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    The death of Biden could result in some serious infighting within the Democratic Party. Especially if it happens at the last moment and they have not made any contingency plans. They leadership of the Party probably have made secret contingency plans, but it might be challenging to get everyone onboard.

    It's possible Kamala could assume the Presidency simply because the rest of the leaders were too paralyzed to act, not being able to come to agreement on anything.
     
    Last edited: Nov 22, 2020
  3. Yulee

    Yulee Well-Known Member

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    The answer is yes. She will become President.
     
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  4. Ronstar

    Ronstar Well-Known Member Past Donor

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    Harris will take over if Biden dies.

    before Dec 13th or after.
     
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  5. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    "expected to endorse" is not the same thing as being required to vote that way as an Elector under state law.

    It might not be so easy for the Party to control how the Electors vote at that point.
    There could be an insurrection.
     
    Last edited: Nov 22, 2020
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  6. Yulee

    Yulee Well-Known Member

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    She/he was factually incorrect.
     
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  7. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    I'm not so sure. There are many in the Party (and Party leadership) who view her as incompetent, and too naively extreme, not qualified enough or an appropriate choice to assume the presidency.

    Right now she is basically just being used as a sugar-coating to help Biden seem more palatable with the voters and more radical political activists.
    That may be part of the reason Biden selected her for Vice Presidential nominee, because he knew she didn't have any realistic chance of being allowed to become president, so there would be less chance of anyone trying to push Biden out.
     
    Last edited: Nov 22, 2020
  8. Ronstar

    Ronstar Well-Known Member Past Donor

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    these are loyal party members.

    and Harris is very popular among Democrats
     
  9. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    Among many of the voters, yes, but not the critical swing voters who determined the election, and not the party leadership.
     
    Last edited: Nov 22, 2020
  10. Ronstar

    Ronstar Well-Known Member Past Donor

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    ok so what do u want me to do about it?
     
  11. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    She would then be elected to Vice President, in that case, and there might be no President.

    It's not entirely clear under the Constitution what would happen in that case. The Constitution says the President has to die or become incapacitated at that point. If Biden dies before officially becoming President, then the Vice President might not automatically become President.

    I'm pretty sure the Democratic Party would intervene at that point.

    It's also possible the Electors might choose to vote for a dead candidate, in which case Kamala would almost certainly then automatically become President.
    (by the most literal reading of the Constitution, the dead President would be "unable to discharge the duties of his office")

    Things could even get messy. The laws and the Constitution are not always the most clear for all possible situations.
    What happens if a presidential candidate dies before the election or inauguration day? - Vox
    United States presidential line of succession - Wikipedia
     
    Last edited: Nov 22, 2020
  12. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    Guess it doesn't really matter to you then.

    Your previous comment lacked a specificity. Generalizations that are too vague can lead to wrong conclusions.
    I was just pointing out to you why your prediction may turn out to be wrong.
     
    Last edited: Nov 22, 2020
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  13. Spooky

    Spooky Well-Known Member Past Donor

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    Ok
     
  14. Spooky

    Spooky Well-Known Member Past Donor

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    Correct in that nobody knows but technically it would revert to Trump for having the next largest vote count. The electors would be out of it and congress, and ultimately the Supreme Court would decide.
     
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  15. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    I am thinking the states might decide.

    They might have emergency sessions of their legislatures, then tell their electors how to vote at the last moment. (Or maybe even replace their electors, in some cases)

    That would bode well for Trump in about half the cases (like Georgia and Arizona), and not bode well for him in the other half (like Michigan and Virginia).
     
    Last edited: Nov 22, 2020
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  16. Spooky

    Spooky Well-Known Member Past Donor

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    I don't think so because ultimately congress has to approve the electors vote anyways so I think they would just skip that step.

    Congress is constitutionally allowed to choose the president if there is a problem and this would certainly qualify.
     
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  17. Ronstar

    Ronstar Well-Known Member Past Donor

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    says nobody in authority.
     
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  18. Spooky

    Spooky Well-Known Member Past Donor

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    Not yet because it's never happened.
     
  19. Ronstar

    Ronstar Well-Known Member Past Donor

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    the parties decide who takes over for their candidate if he dies before Electoral College vote.

    they would choose Harris.

    on Election day we didn't really vote for Biden/Harris, we voted for the Democratic ticket and Electors.

    they decide who their candidate is.
     
    Last edited: Nov 22, 2020
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  20. Matthewthf

    Matthewthf Well-Known Member Past Donor

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    I know Democrats who don't like Harris and only voted for Biden to get Trump out.

    Where is your evidence Harris is popular? She barely had support when running against Joe and Bernie. I thought Tulsi Gabbard had more support. Polls are inacurate so I would not go by them.
     
  21. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    Is that really true? What makes you think that?

    I think ultimately Congress would not interfere with any vote of the Electoral College, since it's a very important and fundamental feature in the Constitution.

    (The only time Congress or the courts might interfere is if there is doubt that an Elector is representing the state he was sent by)
     
    Last edited: Nov 22, 2020
  22. Spooky

    Spooky Well-Known Member Past Donor

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    They have done it before.
     
  23. Spooky

    Spooky Well-Known Member Past Donor

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    Remember that the electors can vote how they choose, it is one of the safeguards the founders put into the constitution. The Supreme court did recently rule that electors can be compelled by the state or even disciplined or replaced if they do not vote how the states tell them to but the Court never said they can't vote the way they want.

    If that were true then there would be no point in having them as the state could just vote.
     
  24. Spooky

    Spooky Well-Known Member Past Donor

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    No because there are state laws regarding what a person must do to be on that ballot in the state.

    Harris never met the qualifications. This is write in votes can never win even if they won all the votes.

    Only about 5 people I believe are eligible per state law to be president and if Biden dies that leaves four.

    One of them would be chosen by the house and extremely unlikely but a new election held if that would even be possible.
     
  25. Well Bonded

    Well Bonded Well-Known Member Past Donor

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    No more childish than Trumpster, as such your complaint is dismissed with prejudice.
     
    Last edited: Nov 23, 2020

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