What happens if a candidate for president dies?

It’s a month before Election Day and President Donald Trump is in the hospital, infected with a virus that has killed more than 209,000 Americans. What happens in the election — already well underway — should his condition take a turn for the worse?

If the president is unable to serve, through illness or death, the 25th Amendment makes clear the powers of the presidency transfer to Vice President Mike Pence until the president regains the ability to perform his duties.

But what happens if a candidate for president dies before Election Day? Or right after? What happens if the winning candidate dies before Inauguration Day?

It’s never happened in a country with a long transition between Election Day at the start of November and the start of a president’s new term on Jan. 20. The Constitution, as well as state and federal election laws, would help guide the country through the process. But with no precedent, the outcome is far from certain.

The House of Representatives has the final say on who wins the presidency. Before the House might have to take charge, there are roles for political parties, state legislatures, the Electoral College, the courts and, most importantly, voters.

Here are some questions and answers about what might happen if a presidential candidate dies, before or after the election:

South Carolina and Connecticut — and their deadlines are a few days away.

The date of the election is set by federal law — the Tuesday after the first Monday in November — which falls this year on Nov. 3. Only Congress can change the date of the election.

“It would be impossible to change ballots at this time without delaying the election and starting the voting process over again,” said Richard Hasen, a law professor at the University of California–irvine School of Law. “I don’t think Congress is going to do that.”

But it’s important to remember that in a presidential election, voters aren’t actually casting ballots for candidates. Instead, they are voting for slates of electors who will pick the president and vice president as members of the Electoral College. To win the presidency, a candidate must win the backing of a majority of electors — 270 — in the Electoral College.

In modern U.S. elections, the meeting of the Electoral College is essentially a ceremonial confirmation of the choice made by voters. This year, it will take place on Dec. 14. But if the winning candidate is no longer alive, it would be anything but routine.

“The question is, Who would the electors support?” said Richard Pildes, a constitutional law professor at New York University. elect until a joint session of Congress counts the votes from the Electoral College and declares a winner, Pildes said.

By law, Congress is scheduled to formally receive the votes from the Electoral College on Jan. 6. The new Congress, which will be elected in November and sworn into office on Jan. 3, will preside. the election. However, the court left open what would happen if the candidate dies.

“Nothing in this opinion should be taken to permit the states to bind electors to a deceased candidate,” Justice Elena Kagan wrote in a footnote to her majority opinion.

If this happens, expect litigation.

The Supreme Court did effectively decide the 2000 presidential election in favor of Republican George W. Bush by ending the recount in Florida. But the court’s ruling came before the Electoral College votes were presented to Congress.

“It is really in Congress’ hands after the electors have voted,” Fortier said.