So imagine the following scenario: Biden steps down for some reason and Harris becomes the president, then the senate becomes 50-50 with no incumbent vice president breaking the tie even if the situation requires. Then, in this case, assume all senators are loyal to their party (assume the two independents lean on democrats, as usual), is leaving the position of vice president empty the only option for Harris, since a majority in the Senate is required for the nomination of VP to take office?

  • I appreciate the duplicate target isn't exactly the same, but I think it addresses the same point.
    – CDJB
    May 4, 2021 at 8:14

1 Answer 1


The President is able to nominate a Vice President to the Senate for consideration, whatever the partisan makeup of the Senate.

However, the Senate has to approve the nomination before such a Vice President can take office.

  • Edited the question details, but this is exactly what I was trying to ask: if the senate is perfectly partisan, then is leaving the position of VP empty the only possibility in the scenario described in the question?
    – Robert
    May 4, 2021 at 7:42
  • If no candidate is able to get a majority of the Senate to confirm the nomination, then yes, the VP post will remain vacant.
    – Joe C
    May 4, 2021 at 7:48

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