What If Biden Dies?

Here is an interesting scenario. The election is Nov. 6th. The Electoral College meets Dec. 14th (1st Monday after the 2nd Wednesday in December.) The joint session of Congress meets Jan. 6th to count the Electoral College votes and certify the winner of the election.

What happens if the winner dies after the Electoral College votes but before Congress certifies the election? i.e between Dec. 14 and Jan. 6.

Congress is still required to meet and count the votes. Any invalid vote is not counted. A vote for a dead person is not valid and would not be counted. Therefore, the person with the second highest vote total will be certified as president. I am not sure if the person with the most vice president votes would be certified as the VP in this case. I would think they would have to be.

So, as speculation, Biden pick Harris as his VP candidate. Biden wins the election, the Electoral College vote gives him the majority and he dies before Congress certifies him to be the winner. His electoral votes do not count. Trump, who would have the second highest number, now wins and is re-elected. However, Harris would have more VP Electoral College votes than Pence, so she would probably be his VP.

In some ways, dictatorships are easier to deal with.

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