US ELECTION 2024
What happens if the president-elect dies, fails to qualify or becomes incapacitated before the inauguration?
Out of the 45 former US presidents, eight died during their tenure in office. Let’s take a look at what happens when things go wrong before they are sworn in.
The race to the White House was won by Donald Trump and was decided by what happened in the seven swing states: Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin.
Trump won’t be sworn in right away. That ceremony will take place on Inauguration Day, Jan. 20, 2025 and anything can happen between now and then during the “lame duck” period.
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US presidents who have died during office
Out of the 45 former US presidents, eight died during their tenure in office - half of them were assassinated. So there has to be some kind of formal protocol in place just in case something unexpected happens. So what happens if the president-elect is unable to assume office?
According to the 12th Amendment to the United States Constitution, if for some reason Trump is unable to take office, the role will be passed over to his running mate, JD Vance
The 20th Amendment also details what would happen if a president-elect dies in the months before being inaugurated.
Constitution of the United States: 12th Amendment
The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;–the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;–The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President.–]The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
Constitution of the United States: 25th Amendment
Section 1
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Section 2
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
Section 3
Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Section 4
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
Constitution of the United States: 20th Amendment
Section 1
The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
Section 2
The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
Section 3
If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
Section 4
The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
Section 5
Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.
Section 6
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.
While there have been no precedents of a president-elect who has been unable to assume office, died or been assassinated before being able to, there have been several incidents of presidents who either died from old age/illness, were killed or incapacitated during their time as head of the country.
James Abram Garfield, the 18th US president, survived an assassination attempt at the Baltimore and Potomac Railroad Station in Washington, D.C. on 2 July 1881 but the shooting left him incapacitated and he died from his wounds a couple of months later. Vice president Chester Alan Arthur assumed the presidency after Garfield’s death.
Woodrow Wilson was left paralyzed on his left side and bedridden for several weeks after suffering a major stroke in October 1919, three years into his second term. First Lady Edith Wilson and vice president Thomas R Marshall performed a few official duties until Wilson was well enough to return.
Roosevelt and Eisenhower both suffered coronary illnesses. Lyndon Johnson was sworn in just two hours after JFK was shot in Dallas.
Ronald Reagan was infamously incapacitated after being shot outside the Washington Hilton in March 1981. On that occasion, the 25th amendment wasn’t invoked but Secretary of State Alexander Haig held the fort until VP George H W Bush was able to return to Washington from Fort Worth.