President-elect Donald Trump is set to be inaugurated again on January 20, 2025. On that day, he’ll become only the second U.S. president to be re-elected in non-consecutive terms The first was Grover Cleveland who served as the 22nd and 24th president.
Trump is overweight and presumably out of shape and, at 78, the oldest person to be elected president. As a result, some are asking ‘What if Trump dies before he’s president?’ No one is trying to be morbid as it’s a valid question. The mainstream understands what happens when a president dies while in office but some still aren’t clear about what happens when a president-elect dies before taking the Oath. Moreover, the answer is unclear depending on when her/his death occurs.
Partial answer: Because the election has already been certified by Congress, if Trump dies before the inauguration, the 20th Amendment to the U.S. Constitution provides a clear protocol for succession. According to Section 3 of the 20th Amendment, the vice president-elect would become president and serve the full four-year term. This process ensures a smooth transition of power and maintains governmental stability in such an unprecedented situation.
The amendment states: “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.”
It’s important to note that this scenario has never occurred in U.S. history. However, the framers of the Constitution and subsequent amendments anticipated such possibilities and put measures in place to address them. However, as previously mentioned, the timing of when the president-elect dies is crucial in determining the exact procedure.
What if Trump had died before January 6, 2025, the day the election was certified by Congress?
Answer: It’s complicated.
Should a death occur after the Electoral College convenes but before Congress makes it official (in this case, January 6, 2025), the situation becomes ambiguous. There are differing opinions on this matter: some assert that the vice president-elect would ascend to the presidency in accordance with the 20th Amendment while others suggest that Congressional intervention might be necessary.
The period from when a candidate is declared elected president until “official” election certification is indeed an interim phase characterized by some uncertainty.
The rationale behind the actions of the supporters of the MAGA movement who breached the Capitol on January 6, 2021, lies in the procedural process concerning election results. The election outcomes are not considered “official” until Congress fulfills its duty of certifying them. Although presidential certification may not typically attract significant public attention, it is indeed a crucial event as it is when the president-elect and vice president-elect are formally confirmed in their positions.
Again, because Congress certified the results of the 2024 Election earlier this week, Trump and Vice President-elect J.D. Vance are locked in.
What if the president-elect and vice-president-elect die before Inauguration Day?
If both the president-elect and vice president-elect are unable to take office, the Presidential Succession Act of 1947 would come into play. This act establishes the order of succession beyond the vice president, starting with the Speaker of the House, followed by the President Pro Tempore of the Senate, and then the Cabinet secretaries in order of their department’s creation. This constitutional and legal framework ensures that there is always a clear path forward for leadership of the executive branch, even in extraordinary circumstances.