What happens in the presidential election if one of the candidates dies?

U.S. President Donald Trump was hospitalised a few hours after his positive results with Coddy-19. Meanwhile, four and a half weeks remain in the US until the presidential elections, so questions arise on various scenarios: what if a presidential candidate or the November 3rd election winner dies or [...]
U.S. President Donald Trump was hospitalised a few hours after his positive results with Coddy-19.
Can the November 3 elections be postponed?
Yes, but that is not likely to happen. The constitution gives Congress authority to set the election date. Under American law, elections are held Tuesday, after the first Monday of November, every four years. It is almost guaranteed that the House of Representatives, controlled by the Democrats, would oppose the postponement of elections, even if the republican-controlled Senate approves such a change. Presidential elections have never been postponed.
What happens if one of the candidates dies before the elections?
The National Democrat Committee and the Republican National Committee have regulations on which membership votes for a replacement candidate. But at this point it may be a little late for the replacement of a candidate four and a half weeks before the elections, while early voting has begun. More than 2.2 million Americans have voted, according to the Florida University Election Project. In many countries, the deadline for changing ballot papers has expired; the vote by mail, expected to be used in mass this time around, has been sent to dozens of states. If Congress does not vote for the postponement of the elections, voters will have to elect either Republican Donald Trump or Democrat Joe Biden, even if one of them is not alive on Election Day. This scenario opens up other dilemmas:
What if one of the candidates dies before the Elexoral College vote?
Based on the electoral system through the Elexoral College, the election wins the majority of electoral votes divided between states and the capital Washington to a fair proportion with the number of their population. The Elexoral College will convene on 14 December to vote. To win, a candidate must have received at least 270 of the 538 electoral votes. Usually the electoral votes of each state are taken by the one who has secured most popular votes in that state. But some states allow delegates to vote for whom they want and not necessarily for the candidate who secured the majority in that state.
But laws in most states do not specify how delegates will vote if the candidate dies. The law in the state of Indiana stipulates that delegates should vote for anyone who appoints the party as replacement for the deceased candidate. In this case, the opposition party could file court indictments not to allow delegates to vote for the replacement, explains Lara Brown, director of the Department of Postgraduate Studies on Political Management at George Washington University. The most interested “will be how the Supreme Court will react to such a scenario,”, it says. But Justin Levitti, professor at the Loyola University Department of Jurydics, says he does not believe any of the parties will challenge the will of voters if it becomes clear that a certain candidate won the elections.
What happens if the winner dies after the Elexoral College has voted, but before Congress determines the vote?
After voting the Elexoral College, Congress meets on January 6th to determine the outcome. If a candidate dies after the Elexoral College votes the winner, it is not clear how Congress can solve this situation. The 20th Constitution amendment says the elected vice president becomes president, if the president-elect dies before Inauguration Day. But there are different interpretations for the scenario when the candidate still dies without the Electoral College vote from Congress being certified.
If Congress does not certificate the outcome for a candidate after he is dead, it is up to the House of Representatives to elect the next president. The 435 House of Representatives countries are in the race in the November 3rd election, so the composition of the next Congress is still unknown. Never has a winning candidate been killed after the elections but before the inauguration.
What happens if the elected president dies or is unable to fulfill the task after Congress certified the outcome?
According to the Constitution, the elected president takes the oath on January 20th on Inauguration Day, two weeks after Congress certified the result. If the president-elect dies, the elected vice president would be sworn in as the new president on January 20th.











