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Lately, there's been a lot of re-kindled hubbub about Presidential candidate Hillary Clinton and her mishandling of potentially-classified information (emails). It makes me wonder, what would happen if Hillary Clinton (or any other future major presidential candidate) were to be convicted of this or a similar crime such that a prison sentence was administered.

Let me pose a series of questions here:

  1. (This is purely hypothetical and won't happen... this time.) What would happen if Hillary Clinton were convicted before the November 8 election? Would she still be eligible for the seat of PotUS? If not, what would happen to early voters' ballots: would their vote towards Hillary's presidential bid simply be discarded or would they have an opportunity to re-cast their vote?

  2. (Still unlikely according to all sources, but possible.) If Hillary were to be elected by the people for the seat of PotUS but were to be convicted some time before she were to be sworn in--say, on Christmas Eve--what would happen? Would she be permitted to take the seat of PotUS? If so, what would be the extent of her Presidential authority while incarcerated/rehabilitated? If not, who would take the seat of the PotUS? Could Congress hear but reject her oath to office on the grounds that she committed a felony?

  3. (More likely that the other scenarios.) If Hillary were to be elected by the people for the seat of PotUS and were to be sworn in to office, but was later convicted of criminal offenses requiring incarceration, what would happen? Obviously she would get heavy pressure to resign, but assume that she resisted the option of resignation utterly. Would her seat of office be removed from her? If so, who would take her position? If not, what would be the ramifications on her influence as residing PotUS?

All of these questions are purely hypothetical.

Some of the contents of this question are answered by this question, but not all of the scenarios I've posed are covered therein. (Therefore, I don't believe this is strictly a duplicate.)

marked as duplicate by Panda, Drunk Cynic, indigochild, Philipp Nov 1 '16 at 2:48

This question has been asked before and already has an answer. If those answers do not fully address your question, please ask a new question.

  • I don't believe this is a duplicate. The linked question has a lot of good information, but it doesn't answer all of the scenarios and questions I've posed. – nasukkin Oct 31 '16 at 23:40
  • The answer is that there would be a yuuuge ice skating party in hell. – Kris Oct 31 '16 at 23:44
  • The scope of possible answers can not be covered in this format. That Classified Material was mishandled isn't in question. – Drunk Cynic Oct 31 '16 at 23:51
  • @DrunkCynic I'm not debating that. Hillary Clinton's case simply exists as an example for these hypothetical questions. This question could be re-written using John Smith's bid to presidency in 2052 as the example. – nasukkin Nov 1 '16 at 0:16
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    Pretty sure there would be a parade and a national holiday – K Dog Nov 1 '16 at 18:17