What happens if a presidential candidate cannot take office due to death or incapacitation before January 2025?

The top candidates in the upcoming United States Presidential Election are President Joe Biden and former President Donald Trump, making them the oldest presidential candidates the U.S. has seen since Ronald Reagan ran for his second term, leaving many to wonder what happens if a presidential candidate cannot take office due to death or incapacitation before inauguration day?

If such event occurs before the election, state election officials, typically led by the secretary of state, have the discretion to modify filing deadlines in cases of significant events like death or complete incapacitation. This allows new candidates to enter the ballot for spring primaries if necessary. 

If the candidate dies between the party convention and election day, the national parties have the authority, and procedures in place, to select an alternative nominee if the original nominee becomes unable to run.

If a candidate dies or becomes incapacitated after Election Day, the electoral college process outlined in the Constitution comes into play. While electors typically remain behind the scenes, they become noteworthy if they choose to vote for someone not on their slate. Some states have laws requiring electors to vote for the election winner, while others do not. If the winning candidate passes away or becomes unable to serve, it’s likely that state legislatures would swiftly amend laws to ensure the electors’ votes are counted.

For more information see Elaine Kamarck “What happens if a presidential candidate cannot take office due to death or incapacitation before January 2025?” Brookings, September 7, 2023.

Special thanks to Deborah Matthews (Virginia Estate Planning Attorney) for bringing this article to my attention.

https://lawprofessors.typepad.com/trusts_estates_prof/2023/09/what-happens-if-a-presidential-candidate-cannot-take-office-due-to-death-or-incapacitation-before-ja.html