Day By Day© by Chris Muir.

Wednesday, October 15, 2008

I'm just making a few quick notes today. Sir Mugley and I were talking about the election (I know, I know), and we were wondering with all the nasty activities going on, what would happen if whoever is elected were determined to be ineligible to serve (as the latest rumor promotes) or dies before he could take office. Well, I looked it up.

Here's a short excerpt from a book entitled "After the People Vote: Steps in Choosing the President" edited by Walter Berns, American Enterprise Institute. Page 18:

If a candidate nominated by a political party dies or resigns before the date fixed for the choice of presidential electors ( November 6, 1984), the national committee of the affected party will meet and choose a new presidential or vice presidential candidate.

If the death or resignation occurs between November 6 and December 17, the day the electors cast their ballots, the national committee of the party affected would probably proceed as it would if the candidate died or resigned before November 6--assuming there is time to convene the committee. In any event, no legal problem would arise because (leaving aside the question of electors bound by state law to cast a ballot for a named candidate) the electors, under the Constitution, are free to vote for whomever they choose.
This book was published in 1983 or 1984, so the dates are off. This year the Electoral College will vote on December 15.

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