Do write ins for the replacement and votes for the dead person both get counted in that scenario or is only one method ‘correct’? Or is it a crapshoot based on what random officials/judges feel like doing
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Replying to @boltmeyer
If a candidate dies, becomes incapacitated or is otherwise officially no longer the nominee (like if they officially withdraw before the deadline, the way people were yelling at Aaron Coleman to) the party committee votes to select someone to replace them
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Replying to @arthur_affect @boltmeyer
In a presidential election, because it's actually an election for a slate of pledged electors under the banner of a given party rather than an actual direct vote for a candidate, there's no constitutional barriers to this The GOP can just say all Trump votes are now Pence votes
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Replying to @arthur_affect @boltmeyer
Can they though? Its not at all up to the states? If Trump dies Nov 1st & the Reps decide to replace him w/ Pence, are all the votes counted until then (could be a healthy amount) not going to ''Trump'', regardless? The constitution doesn't mention parties after all.
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Replying to @Arie_Ben_Ari @boltmeyer
The Constitution doesn't mention citizens voting for the President at all, and indeed we do not vote for the President We vote for slates of "pledged electors" in the Electoral College, and *they're* the ones who vote for the President
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It's kind of complicated, but basically the state government's relationship is with the parties -- it's the party that has to follow a certain set of rules to get their "ticket" on the ballot And there's this legally established precedent for all the complex stuff a ticket means
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But basically when you "cast a vote for Joe Biden as President" you don't actually do that It's been agreed upon by statute and case law etc. that what this legally means is you "cast a vote for a slate of electors pledged to the Democratic Party's nominee"
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Who is *currently* Joe Biden, and according to all these rules the parties agreed to has to be nominated by the party according to the primary election process, etc., and can't be changed except in emergencies But it's still ultimately the choice of the party, a private entity
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So as far as I'm aware the precedent is that if the nominee who won the primary can't be the nominee anymore due to emergency -- death, incapacitation, withdrawal, etc -- the DNC or the RNC just votes on a new nominee
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Replying to @arthur_affect @boltmeyer
Thanks for the reply. So in case a candidate dies, do all 50 states+DC just accept the new candidate agreed by the party? No arcane state laws, weird local precedent or anything to complicate tbat?
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That's what the party says they're supposed to do The majority of states -- but not all -- have laws that say that electors are legally obligated to do what the party tells them to do And some -- not all -- actually enforce this with fines if they don't
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But whether that means you could actually stop the electors from just deciding to break their pledge with the party and vote for whoever they wanted anyway is a big constitutional crisis It's important to note though that's not just if the nominee dies, it can happen anytime
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Like we already had a bunch of faithless electors in 2016, I think a record number for recent years, from people wanting to protest-vote against Trump *and* a surprising number who wanted to protest-vote against Clinton
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