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What would be the procedure if a major party nominee died before a general election?

If a major party nominee dies before a general election, the procedure for replacing them involves several steps, primarily managed by the political parties themselves. Here is a breakdown of the process:

Procedure Overview

  1. Party Control: Political parties have primary control over replacing a deceased nominee. There are no specific constitutional or statutory provisions governing this scenario, so parties rely on their internal rules and procedures34.

  2. Timing of Death:

    • Before the National Convention: If a candidate dies before the convention, delegates will select a new nominee from among other candidates or new entrants during the convention23.
    • After the National Convention but Before Election Day:
      • Democratic Party: The Democratic National Committee (DNC) selects a new nominee through a special session. The DNC chair consults with Democratic congressional leadership and the Democratic Governors Association before the selection3.
      • Republican Party: The Republican National Committee (RNC) selects a new nominee. Members vote as part of their state delegation, using the same vote distribution as the convention35.
  3. Ballot Changes:

    • If the death occurs before ballots are printed, changes can be made relatively easily. However, if ballots have already been printed, state laws may complicate the process, potentially leading to legal challenges13.
  4. Electoral College:

    • Voters technically vote for a slate of electors pledged to a candidate. If a nominee dies, electors could theoretically vote for the party's replacement candidate, although this raises complex legal and constitutional questions13.
  5. Post-Election Day Scenarios:

    • If a nominee dies after Election Day but before the Electoral College meets, the situation becomes more complex. Electors might vote for the deceased nominee or the replacement, depending on state laws and party instructions12.
    • If a president-elect dies before inauguration, the vice president-elect becomes president according to the 20th Amendment5.

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