So an interesting question was raised the other day when it was asked what happens if someone is elected President on election day but dies before the inauguration takes place. It seems like the answer lies in the 20th Amendment, Section 3.
Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
So the Vice President would become President but I’m curious about the next part where it says “Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified “. What is the definition of qualified? Does that just mean be eligible to become President or is it a subjective matter that the Congress at the time shall determine whether the Vice President is qualified enough?
Also, take a look at Section 4:
Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
Just something to ponder.