This isn't specific to the recent election, but I will use the names Biden and Trump to explain myself more clearly.
Assuming nothing changes with the current outcome of the election (eg. Biden is president elect and will be sworn in in January), what would be the correct course of action if Biden died before the race was called but after voting had ended?
My naive assumption is that it just passes down to Kamala Harris (the VP elect) and she would inherit the role of president elect, but there's a few question marks here for me:
- In the US you don't vote for a party you vote for a person (you tick Biden/Trump on the ballot not Republican/Democrat)
- If that person is never sworn in even though they win, does this cause any issues?
- My understanding is that the VP is picked by the president (and their party) and not strictly voted for - does this violate any legislation on voting rights etc.
I should note I'm not American, so if you're taught the answers to this in school please forgive my ignorance!
As per comment, there may be two different answers to that:
Biden dies before the electoral college meets
Biden dies after the electoral college meets and votes for Biden, but before he's sworn in
I'd like an answer for each scenario if possible!