Any US constitutional experts out there?
If Biden wins but dies before his inauguration in January, does that mean Harris automatically gets to be president? I'm thinking not as she is not officially VP yet. So where would it then go? The house speaker or will congress decide? Or something else?
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Equally good question; what if Trump were to win, but be impeached and convicted (this time around) for high crimes and misdemeanors (namely, attempting to steal a presidential election by authoritarian pronouncements and vote suppression, undermining our democracy, and attempting to use the courts as his personal partisan tool) in the interim? Would Pence then be president? I expect he would.
Paul4747
Level 8
Nov 5, 2020
0
If I understand the 20th Amendment, the job goes to the Vice President elect, however the Electoral College is supposed to cast its votes on December 14th, so it would be an intriguing hypothetical. If the President elect died before the 14th of December, who would the Electoral College vote for? Electors have been known to jump ranks, and in a close election, only a few electoral votes would be needed to change everything.
Of course, the Electoral College votes must also be ratified in January by a Joint Session of Congress, presided over by the current Vice President--more opportunity for mischief! If the President elect can hang on until after the January 6 ratification of the electoral votes, then it would seem clear that, in the case of the death of the President elect, the Vice President elect is to be inaugurated on January 20th. But I'm just a poli-sci guy with no constitutional law training, so what do I know? 
p-nullifidian
Level 8
Nov 4, 2020
0
That's a good question.
Don't think it's ever happened.
That would be a mess, I don't know what would happen.
RoboGraham
Level 8
Nov 4, 2020
0
He won't die. We all may not live to see January 20th 2021. Wear a mask. Good question tho. If the president-elect dies after Congress counts the votes and before the inauguration, the 20th Amendment would take care of things. It states that the vice president-elect, would step into the president-elect's shoes and assume the role of president-elect.
barjoe
Level 9
Nov 4, 2020
2
Harris becomes pres. No brainer , sheesh.
Cutiebeauty
Level 9
Nov 4, 2020
2
Use your own brain
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@powder @Cutiebeauty Let's not get nasty. She's actually right provided the election is certified. This is not going to happen so there's no reason to be an asshole on a hypothetical.
Good ?. It's possible, but highly unlikely. I won't be surprised if a few months after the inauguration that he steps down for a "personal health emergency", namely his dementia. I really doubt he will serve a full term.
TomMcGiverin
Level 8
Nov 4, 2020
0
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