With apologies to our many friends and posters outside the United States... it's time for another one of these! Culture war thread rules apply, and you are permitted to openly advocate for or against an issue or candidate on the ballot (if you clearly identify which ballot, and can do so without knocking down any strawmen along the way). "Small-scale" questions and answers are also permitted if you refrain from shitposting or being otherwise insulting to others here. Please keep the spirit of the law--this is a discussion forum!--carefully in mind.
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Notes -
For simplicity's sake, we'll assume that Harris won the same states Biden won in 2020. In your scenario, neither Harris nor Walz will have been formally elected, since that doesn't happen until the Electoral College meets on December 17. So, as far as Federal law is concerned, no election has even taken place yet, and the electoral vote will determine the presidency. The party has plenty of time to find new candidates and convince everyone that the Shapiro–Whitmer ticket doesn't represent a significant change. A problem arises, though, in that some state laws require the electors to vote for the candidates whose name appeared on the ballot.We don't have to worry about Pennsylvania, Rhode Island, New Hampshire, Georgia, or Illinois, since those states allow electors to vote for anyone. We don't have to worry about Wisconsin, Oregon, Vermont, Massachusetts, Connecticut, Maryland, Delaware, or Virginia either, because although those states technically prohibit faithless electors, the votes are still counted.
As for the others, it would depend on whether the state legislatures could enact emergency legislation that either created a one-time exception or implemented an alternative system in the event that a candidate was deceased. If that couldn't be done, then things get goofy. The enforcement mechanism for most of these laws is that the faithless elector is replaced with one who will cast a ballot for the winning candidate. This presents us with two scenarios. In the first, the Secretary of State certifying the election accepts the faithless ballots, and is then sued by Trump for contravening state law. the state Supreme Court then issues a ruling affirming that since the intent of the law was to ensure that the will of the people is recognized by the electors, given the extraordinary circumstances, allowing the faithless ballots satisfies that will better than simply invalidating the majority of the votes.
In the second scenario (which would only happen if it was clear that the other way wasn't going to work), the electors simply elect Harris/Walz and treat it as though they both died simultaneously after becoming president. If the Democrats have won the House in this scenario, then Hakeem Jeffries becomes president. If the Republicans win, then a huge argument erupts over how the next speaker is going to nominate Trump for vice president and immediately resign so that Trump can become president. Unfortunately, there's no one believed to be sufficiently loyal as to give up the presidency in what is likely their only shot at it. So we spend the first few weeks of January in a huge floor fight where most of the Republicans nominate Mike Johnson again under the premise that he'd just be the president and could go from there, while the hardcore MAGA wing takes turns with a bunch of sacrificial lambs who nobody trusts to actually resign when the time comes and who would then face the added hassle of having to re-win their House seats if they actually did resign.
In the meantime, Inauguration Day is approaching and we don't have a speaker. This scenario only works if the Republicans also have the Senate (otherwise Trump would never get confirmed as vice anyway), so Chuck Grassley would become president. Since Grassley is approximately 10,000 years old there would be more credible calls for his resignation, but he'd surprise everyone and either stay on or nominate someone other than Trump. But these are pretty murky waters so that's just a theory.
They could just make the next speaker Donald J Trump and avoid the resign point
Today I learned that the Constitution does not explicitly require the speaker to be an incumbent member of the House of Representatives, although every speaker thus far has been.
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