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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It actually varies by state. In some states, by statute the electors are free to vote their conscience; in others, they're "required" to vote as directed by the *state* party that named them to the ballot. The state party isn't required to follow the national party's direction.
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AIUI the *party rules* are very clear on what's supposed to happen The party, of course, is not actually a government and can't put you in jail or anything if you personally break party rules, but you'll be on the outs with the party for the rest of your life
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If you want to see just how wacky it can get, look at the election of 1872. Greeley, who came in second, died a few weeks after the election, before the meeting of the electoral college. Chaos ensued. The only reason it wasn't a total shitshow is that Grant won the election.
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Yeah, and that was complicated by the fact that it was hard to get people together for meetings on short notice back then *and* that the party he was running under was a newly created party without a clear leadership structure, the Liberal Republicans
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He was also nominated by the Democrats, with a fusion ticket in all but two states.
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