A Candidate's Death Could Delay or Eliminate the Presidential Election
Chaos would ensue if a vacancy emerges near Election Day.
Staff Writer Aug. 30, 2016, at 4:55 p.m.
American democracy would break new ground if Hillary Clinton or Donald Trump left a presidential ticket vacancy before the Nov. 8 general election. GETTY IMAGES
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.