If Joe Biden dropped out, what would happen next?
If Joe Biden dropped out, what would happen next? It is a complicated process that only gets more complicated after the election. Election Day is just around the corner. What would happen if either presidential or vice-presidential candidate were to drop out of the race before Election Day? Basically, the Democratic National Committee (DNC) and Republican National Committee (RNC) rules state if a presidential or vice-presidential nominee were to drop out of the race now, the leadership of the parties would decide who replaces them. Sources: The Democratic National Committee, Republican National Committee. Process: To answer this one I went straight to both parties’ bylaws of the 2020 Convention Rules of Procedure. The procedures were agreed on during the Democratic and Republican conventions. “(The party leadership) would choose someone else, there would be a question of, 'could you get that name on the ballot?',” “We are very tight now and that would depend on state laws. Some states would let you, others would not.” How ever the DNC would get their choice now. The electors of the Electoral College meet and vote. During that time period the party can try to put a new candidate forward, but ultimately the electors would hold the power to decide who gets that spot. No presidential candidate of a major party has ever died or withdrawn before a presidential election and no President-elect has ever died or withdrawn after winning the general election, but before taking office. In our time it has not happened since the 1972 election. Democratic Candidate George McGovern chose Thomas Eagleton as his running mate. Then after the convention, Eagleton resigned from the ticket. McGovern and the party leaders chose Sargent Shriver to replace him. Election Process The popular vote in the general election actually elects the states' electors who form the Electoral College, which, in turn, elects the president and vice-president of the United States. These electors, chosen nowadays by state party organizations, meet in each state in the middle of December to cast their votes. No Constitutional provision or federal law requires electors to vote in accordance with the popular vote in their states, but the electors are made eligible to vote by being on the slate provided by the party that won the state's popular vote. They are generally committed to cast their votes for the winner of that popular vote although some states do not require them by law to do so. Californian has past a law just recently the mandates that the electors must vote as to the states popular vote. These votes are sent to Congress. The Congress meets in joint session in the House of Representatives to tally electoral votes on a date close to inauguration day. The President of the Senate certifies the outcome, and when that is done, the President and Vice-President can be sworn in soon thereafter. The procedures for conducting the Electoral College voting were changed substantially by the 12th Amendment, adopted in 1804, so that each elector would vote twice—once for President and once for Vice-President. Before that, the Vice-President was whoever received the next highest number of electoral votes after the person who won the presidency. The earlier arrangement had created unnecessary confusion and political intrigue in the preceding elections. The new arrangement did not meet every difficulty: When no candidate receives a majority of the electoral votes, (A Tie) Congress has to decide the winner. Filling a Vacancy: From the Nomination to the Electoral College Vote Since the time of Andrew Jackson's run for the presidency in 1828, individual political parties have had the job of filling any vacancy on their national ticket, either that of their presidential or vice-presidential candidate. If one of their candidates vacates the ticket after they are nominated, either because of death or withdrawal, the party selects a replacement. Both the Republican and the Democratic parties have rules in their bylaws governing how to fill the vacancy. The Party Chair calls a meeting of the National Committee, and the Committee members at the meeting vote to fill the vacancy on the ticket. A candidate must receive a majority of the votes to win the party's nod. The same process would happen if the vacancy were to occur after the general election but before the Electoral College voting. If a vacancy should occur on the winning ticket, it would then be the party's responsibility to fill it and provide a candidate for whom their electors could vote. Vacancies of Presidential Candidates A vacancy could occur at the top of a winning ticket during the period after the electoral votes had been cast but before the President-elect had been sworn in. Perhaps the closest the country has come to confronting this was during the widespread anxiety as the 1861 inauguration of Abraham Lincoln approached, that he would be assassinated before he could take office, or that the counting of the electoral votes (at that time occurring on the morning of the inauguration, which, in those days, occurred on March 5) would be disrupted by Southern pro-slavery sympathizers, neither of which happened. No President-elect has in fact failed to be sworn in. Nevertheless, the rules for what would happen if a President-elect were to be unavailable to be sworn in actually became a part of our law with the adoption of the 20th Amendment in 1933. This amendment was passed primarily to shorten the length of time between the general election and the beginning of the new administration (inauguration day was moved from March to January). But it also specified that if, at the time of the inauguration, the President-elect has died, then the Vice-President-elect becomes President, and if a President has not yet been qualified by that time, then the Vice-President-elect acts as President until a President has been so qualified. The concern was that, since inauguration day was moved earlier, provision had to be made to cover cases in which the Electoral College vote did not prove decisive and the winner had to be chosen through a possibly lengthy series of votes in Congress. In the election of 1872, Horace Greeley was the Democratic nominee for President, but the Democrats lost the general election to the Republican ticket, headed by Ulysses Grant. After the popular vote, but before the Electoral College vote, Greeley died. Because the Democrats had no chance of winning the election, given the outcome of the popular vote and the number of electoral votes already secured by Grant, the party did not bother to stipulate to their electors who an official replacement candidate would be, and most of the Democratic electors in the states that the Democrats had won cast their votes for people other than whom their party had nominated. Vacancies of Vice-Presidential Candidates In 1912, James Sherman, the Republican candidate for Vice-President (and the incumbent Vice-President under William Howard Taft) died on October 30 of kidney disease, a few days before the general election on November 5. The Republican National Committee scheduled a meeting to be held after the general election, on November 12, to select a successor, and Sherman's name remained on the ticket for the general election. The Republicans lost, however (the Democratic ticket of Woodrow Wilson and Thomas Marshall won), and decided on November 8 not to meet as they had planned because voters only chose eight Republican electors, in Vermont and Utah. These electors did meet later, however, and, acting without instructions from the RNC, voted to replace Sherman's name on the ticket with that of Columbia University President Nicholas Butler of New York. This was a purely formal act with no practical consequences for the election. During the 1972 presidential campaign, Democrat Thomas Eagleton was Senator George McGovern's vice-presidential running mate for only 18 days. Eagleton dropped out of the race acknowledging that he had been hospitalized three times in the 1960s for depression and stress, and that he had undergone electric shock therapy. McGovern selected the Peace Corps Director, Sargent Shriver, to replace Eagleton, but to actually place Shriver on the ticket, the Democratic National Committee met and chose him in the first week of August. The Democrats lost the general election in November to the Republican candidates, Richard Nixon and Spiro Agnew. https://www.270towin.com/historical-presidential-elections/timeline/