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What Happens If One Kicks Before Election Day?

Plans for window before Jan. 20 also diverge

By Victoria Floethe,  Newser User

Posted Oct 2, 2008 11:49 AM CDT

(Newser) – With the VP hopefuls girding for tonight's debate, it's natural to wonder what would become of their respective tickets should either presidential candidate die or otherwise become incapacitated before Nov. 4. Each party has its own protocol, explains Nina Shen Rastogi, writing for Slate, but in neither case does the running mate automatically get the nomination.

The RNC would call for a national convention or vote by state reps. The DNC doesn't have an explicit provision. What's more, the possibilities multiply when the timeline expands to include Electoral College voting day on Dec. 15, but the real drop-dead date is Jan. 6, when a joint session of Congress formally counts that vote. If the president-elect then dies before beginning his term, the vice president-elect steps in, a la the Miss America first runner-up.

In the event that a presidential nominee passes away at the last moment, the running mate does not automatically take his place.
In the event that a presidential nominee passes away at the last moment, the running mate does not automatically take his place.   (AP Photo)
If John McCain passed away at the last moment, Sarah Palin would not automatically take his place.
If John McCain passed away at the last moment, Sarah Palin would not automatically take his place.   (AP Photo)
Democratic presidential candidate Barack Obama shakes hands with Republican presidential candidate John McCain after their first presidential debate.
Democratic presidential candidate Barack Obama shakes hands with Republican presidential candidate John McCain after their first presidential debate.   (AP Photo)
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