With News That the President Has Tested Positive for Coronavirus (and He Was in Contact with Joe Biden at the Debate Earlier in the Week), What Happens If a Presidential Candidate Dies or is Incapacitated Before Election Day? A Mess | Election Law Blog
The President and First Lady reportedly tested positive for the coronavirus. As the New York Times notes, Mr. Trump s positive test result could pose immediate difficulties for the future of his campaign against former Vice President Joseph R. Biden Jr., his Democratic challenger, with just 33 days before the election on Nov. 3. Even if Mr. Trump, 74, remains asymptomatic, he will have to withdraw from the campaign trail and stay isolated in the White House for an unknown period of time. If he becomes sick, it could raise questions about whether he should remain on the ballot at all.
And of course with the President having just attended the debate earlier this week with Joe Biden, there could be concerns about Biden s health as well.
I wish everyone who has contracted this terrible disease a full and speedy recovery.
But as a matter of national importance we need to ask what would happen if one of the presidential candidates died or became incapacitated before election day. Rick Pildes and Joshua Tucker did a two part series on the different permutations of what could happen, but this seems to fall within the cracks. Here s the most relevant part of that discussion: