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Originally posted by: hoops2If she was to drop out of the race for health reasons, can the democrats nominate someone else? How would they do it? Can Sanders then claim to be the nominee?
Yes, in this event . . . "a special meeting of the Democratic National Committee shall be held on the call of the Chairperson, where they would choose a new candidate. Such meetings make decisions based on a majority of those in attendance."
Mr. Sanders cannot claim the nomination; but the DNC could choose him, . . . or Senator Kaine, . . . or Vice President Biden, or even poor old DonDiego, f'rinstance. [DonDiego would intentionally throw the election if he were so nominated.]
Poor old DonDiego does not know how this affects, f'rinstance, votes already cast by absentee ballot for Hillary. Does "the law" permit ballots cast for a departed-Hillary to count for the newly-DNC-Designated nominee? The answer to the next question suggests maybe so, as Electors in the Electoral College may theoretically vote for anyone.
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Originally posted by: hoops2
If she was to win the election but prior to taking the oath she has to drop out out. Does Trump then win? Does kaine win?
If a candidate were to withdraw after the general election, but before the Electoral College meets, Federal law says that electors representing the Democrat Party can vote for whomever they want, although individual States may have laws addressing such a case.
It is unlikely that the Democrat Electors would vote for Mr. Trump; DonDiego supposes they would vote for Mr. Kaine.
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Originally posted by: hoops2
What does the Constitution say?
Should a candidate win the election, but become incapacitated [after the Electoral College has voted and] prior to the inauguration, then Section 3 of the 20th Amendment kicks in, according to the Office of the Federal Register. The 20th Amendment says that in such a scenario, the Vice President-elect would become President.
Ref: lawnewz.com
