Deadline President Has to Decide Whether or Not He Will Run for Office Again
From vote counting to presidential term limits, we're tackling what yous desire to know near the 2020 U.S. election. Email usa your questions to ask@cbc.ca and we'll answer every bit many as we can here on CBCNews.ca, on CBC News Network and directly via email. (And continue your COVID-related questions coming to COVID@cbc.ca.)
How long tin vote counting proceed for?
Predictions for a drawn-out aftermath to the U.S. election announced to be coming true with the race coming down to vote counts and potential recounts in a few key states.
With election night now looking like election days, CBC readers, including Suzanne Due south., asked if there is a constitutional cut-off appointment for all ballots to be counted.
The answer is complicated.
First, it's of import to annotation that states have their own cut-off dates for accepting and counting mail-in ballots. Pennsylvania, for case, will all the same count mail-in ballots received later on (merely postmarked by) election 24-hour interval. It will also count military and overseas ballots upwardly to one week afterward that.
WATCH | How the votes are counted in Pennsylvania:
That said, the date that states should keep in mind is Dec. eight., or what'due south known as safe harbour twenty-four hours, which is six days before the electoral college votes.
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CBC Explains
How the electoral college determines who wins the U.S. presidency
Congress is non supposed to challenge a state'southward election every bit long as they have finalized their results by that deadline, said John Fortier, director of governmental studies at the Bipartisan Policy Center, a Washington, D.C.-based think-tank that promotes bipartisanship.
The borderline substantially acts every bit an incentive for states to take their votes finalized and have their electors appointed by that day.
Otherwise, it leaves room for Congress to decide the state's winner when they convene to count the electoral college votes on Jan. 6.
As for legal challenges, it'southward unclear exactly how long those could continue for, only James Gardner, an expert in election constabulary at the Academy at Buffalo, said courts will be nether pressure to conclude legal proceedings before the safe harbour date.
As far as the Trump entrada is concerned, it is very hard to conceptualize what kinds of legal claims it might brand, Gardner said.
"Whatever irregularity tin generate a legal claim," he said. "Possibly not a strong 1, but one."
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Interactive
Get all of the U.S. election results
- Biden edges closer to White House win every bit Trump mounts legal challenge
Are there any restrictions on what outgoing presidents can practice?
While we don't notwithstanding know who the next president will be, Barry L. wanted to know if an outgoing president'due south powers remain the same earlier the president-elect is inaugurated.
The answer is yes.
Nothing changes betwixt election day and inauguration twenty-four hours on Jan. 20., said Fortier, who noted that outgoing presidents typically utilise their powers in "last-minute ways."
They might write new executive orders or issue presidential pardons while they nevertheless take the chance.
Conversely, the president-elect does non receive any presidential ability until they are officially sworn in.
How many times tin can someone be president?
Ethel F. wanted to know if Trump loses, would he be able to run once more?
The reply is yes. According to the 22nd Amendment to the U.S. Constitution "no person shall be elected to the office of the president more than than twice."
So, if he isn't re-elected this time, Trump would be eligible to run over again, unlike George Westward. Bush or Barack Obama, for instance.
Just what about Franklin D. Roosevelt?
Roosevelt is the only U.S. president to serve more than two terms. In fact, he held the office a record four times from 1933 until his expiry in 1945.
"He won large in all four of his elections," said Susan Dunn, a professor of humanities at Williams Higher in Massachusetts. Roosevelt won his third term as the U.S. was emerging from the Slap-up Depression and on the brink of the 2d Globe State of war.
"The country needed him."
Term limits weren't introduced until 1951 when the 22nd Amendment was ratified.
Could Trump run as vice-president?
Yeah. And then long every bit he isn't re-elected in the current race.
A one-term president is eligible to run as the second name on a party ticket. But non if he wins a second term as president in 2020.
"Because you have to be eligible to be president to be vice-president," said Fortier.
There is i rare and unlikely scenario where a 2-term president could become president a third time: if he or she were Speaker of the Firm or a chiffonier member and the line of succession savage to them.
Here's some other what-if: If Biden wins and is unable to consummate more than two years in part, and Kamala Harris assumes the presidency, she would just be eligible to seek ane more term equally president, according to the limits of the 22nd Amendment.
In Canada, still, there are no limits on the length of time a federally elected politician can serve.
What happens if the president-elect dies before beingness sworn in?
While we're exploring scenarios, let's tackle John M.'s question. He wanted to know what would happen if the winner became incapacitated or died before inauguration day?
There are essentially three dissimilar answers, each depending on when the president-elect were to dice.
- Earlier the balloter higher vote.
- Afterwards the electoral higher vote has been counted and ratified by Congress.
- Or the small window of time between the electoral college vote and its ratification.
If a candidate were to win the general election simply dice before the electoral higher votes on Dec. 14., the electors pledged to that candidate would be expected to vote for a new nominee selected past their national party, said Fortier.
"The political party that has the vacancy would meet again," he said, "and they would select a new candidate."
Fortier said the "most obvious matter" would exist to move upwardly the vice-president-elect. "But information technology doesn't have to be that mode," he said, because there are no laws requiring either party to do so.
In the second scenario, where the president-elect dies before inauguration mean solar day merely after Congress ratifies the results of the balloter higher vote, the normal line of succession would follow and the vice-president-elect would exist sworn in on Jan. twenty.
That said, nosotros don't really know what would happen in the third scenario.
"It's arguably one of our near confusing," said Fortier.
- Why is it taking this long to count ballots in some U.Due south. states?
Congress would have to decide whether to count the votes for a deceased candidate in a joint session.
If Congress counts the ballots as they are, the vice-president-elect would assume the role of the president on January. 20., and would subsequently appoint some other vice-president.
But if Congress decides to toss out the votes of the dead president-elect, no candidate would meet the 270 balloter higher votes required to win, triggering the 12th Amendment. This means the Senate would be in charge of picking the vice-president and the House of Representatives would choose the president.
"We just don't know what would happen," said Fortier, "and it's a dangerous menstruation because of that."
- Does the loser have to concede for results to exist confirmed? Your U.Due south. ballot questions answered
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Source: https://www.cbc.ca/news/ask-us-election-vote-count-questions-1.5790131
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