What happens when a president-elect dies before inauguration?

[Evil Scientist]

At the job someone raised the question what would 've happened if obama died before inauguration. As far as we know the situation has never come up before but we reckon there is a plan/legislation. We came up with these options

1. Biden is inaugurated as president, and new vice is chosen/picked by dems.
2. Democrates pick a new president out of the runners up, Clinton and the others
3. Bush stays on and elections start from scratch

Is someone in the know about this?

Cheers

[Kvakva]

Soo you have a time machine and you are ploting against Obama you evil scientist?

[homegrowncat]

Option 1.

From the Congressional Research Service...

Procedures governing replacement of a President or Vice President-elect during the transition period depend on when the events that might lead to a temporary or permanent replacement occur. At the general election, voters choose members of the electoral college, which formally selects the President- and Vice President-elect several weeks later. Between election day and the electors' meeting, the two major political parties' rules provide that replacement candidates would be chosen by their national committees should vacancies occur. Most authorities agree that the President- and Vice President-elect will have been chosen once the electoral votes are cast on December 15, 2008.

The electoral votes are counted and declared when Congress meets in joint session for this purpose on January 8, 2009. During this period, between December 15 and the January 20 inauguration, if the President-elect dies, the Vice President-elect becomes President-elect, under the 20th Amendment to the Constitution. Although the 20th Amendment does not specifically address questions of disability or resignation by a President- or Vice President-elect, the words "failure to qualify" found in the amendment might arguably be interpreted to cover such contingencies.

While the 20th Amendment does not address vacancies in the position of Vice President-elect, these would be covered after the inauguration by the 25th Amendment. In the event no person qualifies as President or Vice President, then the Presidential Succession Act (61 Stat. 380, 3 U.S.C. 19) would apply: the Speaker of the House of Representatives, the President pro tempore of the Senate and duly confirmed Cabinet officers, in that order, would act as President. Since the terrorist attacks of September 11, 2001, observers have expressed concern that an attack during the presidential inauguration ceremony might lead to the death or disability of most or all officials in the line of presidential succession. One potential remedy for this situation would be for an official in the line of succession to be absent from the ceremony. Another might be for a cabinet secretary-designate of the new administration to be nominated by the incumbent President, confirmed by the Senate, and installed prior to the inauguration. A third would be for a cabinet secretary from the outgoing Administration to remain in office until after the inauguration, and away from the ceremony. The announced retention of Defense Secretary Robert M. Gates by the incoming Obama Administration arguably meets at least part of this concern.

[Evil Scientist]

Thank you! Now I can swipe them off their feet with my new found knowledge.

One them has written to one of our white House correspondents, but I was sure MP.net is the way to go to get these type of answers fast.

[homegrowncat]

no problem, just showing the love that I was showed this morning when I had to ask a question.

[commanding]

not only is MP net great at getting answers, good also at coming up with some questions that are amazing in and of themselves. I would never have even contemplated such a scenario..but it is good to know others have considered all angles and are ready.

[Kaplanr]

We get asked that question every 4 years around the middle of January. The other biggies are (at the appropriate anniversary) what does the D in D-Day mean and the H in H-Hour? Then again, I work in a public library.

[Evil Scientist]

not only is MP net great at getting answers, good also at coming up with some questions that are amazing in and of themselves. I would never have even contemplated such a scenario..but it is good to know others have considered all angles and are ready.


The idea came up after one of us watched
http://en.wikipedia.org/wiki/The_Trojan_Horse_(miniseries)

Have't watched it yet, so I can't comment on it.