What if: Harris Becomes President after Votes Have Been Cast for Biden?
With Joe Biden’s age and obvious health concerns at center stage in the election, questions about the continuity of the presidency and the electoral process could lead to a bonafide Constitutional Crisis. If, in this hypothetical scenario, President Biden were to resign or be removed from office right before election day, after votes have been cast in early voting, the nation could face an unprecedented constitutional crisis.
Following the provisions of the 25th Amendment, Vice President Harris would ascend to the presidency, the minute Biden is no longer able to fulfill his duties. At a minimum, she would remain President up until the transfer of power the following January. But it’s the timing of this hypothetical event that causes the issue, with a significant portion of the electorate having expressed their choices through early voting.
In this scenario, Harris’ name will not be on the ballot as a “Presidential” candidate. At best, she would be listed as the “Vice President” … assuming Biden continues to keep her on his ticket. At the time of this writing, it looks like he will.
But what happens in the election if Biden is unable to continue? There is a risk, however small, that Biden could win the election even though he would not assume office. Some scholars would argue, that despite the vagueness of the Constitution in this matter, the 2024 presidential election would automatically pass to Harris … even though she was not elected as “President”.
Even though partisan political operatives would attempt to make a case that President Harris could simply cancel the election, this is simply not the case, and it would be grossly unconstitutional for a President to attempt to cancel the election. If she did, she would almost certainly be impeached, and the Speaker of the House would step in…congratulations Speaker Johnson.
A more likely scenario is that the Democrat party would instantly jump into action and declare that ALL votes previously cast for Biden are hereby directed to a new nominee. They will make the farcical assertion that the votes cast were for a “party”, not a “person”.
Drawing on historical examples, we can reflect on the 1912 U.S. presidential election, where the sudden death of the Republican Party’s Vice Presidential candidate, James Sherman, prompted rapid adjustments. In a race split between President Taft and former President Theodore Roosevelt, the unexpected vacancy led to the selection of Nicholas Murray Butler as the new Vice-Presidential candidate. The ensuing controversy likely contributed to Woodrow Wilson’s victory.
In another example, the tragic plane crash involving Senator Paul Wellstone occurred on October 25, 2002, just 11 days before the scheduled U.S. Senate election in Minnesota. Senator Wellstone, a Democrat seeking re-election for a third term, was traveling with his wife Sheila, their daughter Marcia, three campaign staffers, and two pilots when their plane went down in freezing weather conditions in northern Minnesota.
The sudden and devastating crash resulted in the loss of Senator Wellstone, his wife, his daughter, and the other passengers on board. The incident sent shockwaves through the state and the nation, as Wellstone was a well-respected and influential figure in Minnesota politics.
With the election only days away and early voting already underway, the Democratic-Farmer-Labor Party (DFL), which is affiliated with the Democratic Party in Minnesota, faced a significant challenge. Minnesota law allowed the major political parties to replace a candidate in the event of death within a certain timeframe before the election.
In response to the tragedy, the DFL swiftly convened to select a replacement candidate. Former Vice President Walter Mondale emerged as the party’s choice to fill the vacancy left by Senator Wellstone. Walter Mondale had a long and distinguished political career, having served as Vice President under President Jimmy Carter and as a U.S. Senator from Minnesota prior to that.
The decision to replace Wellstone with Mondale was not without controversy, as some critics argued that the sudden change in candidate disrupted the electoral process. Nevertheless, the DFL moved forward with Mondale’s candidacy, and his name was placed on the ballot as the new Democratic nominee. He ultimately lost, but the precedent stands.
Another example is the accent of Gerald Ford.
Gerald Ford’s ascension to the presidency was indeed a unique and historic event. Ford became the 38th Vice President of the United States on December 6, 1973, following the resignation of Vice-President Spiro Agnew, who faced legal troubles related to tax evasion and bribery. Ford, a Congressman from Michigan and the House Minority Leader, was appointed by President Richard Nixon as Vice-President, and confirmed by Congress as Agnew’s replacement.
The political landscape took a dramatic turn when President Richard Nixon faced the Watergate scandal, a political crisis involving the cover-up of illegal activities within the Nixon administration. As the scandal intensified and the likelihood of Nixon’s impeachment grew, Gerald Ford found himself thrust into the limelight.
On August 8, 1974, Richard Nixon became the first U.S. president to resign from office. Following Nixon’s resignation, Gerald Ford was sworn in as the 38th President of the United States on August 9, 1974.
Now, let’s take this hypothetical scenario a step further. Imagine that, due to unforeseen circumstances, Joe Biden is unable to follow through with the election. What are the legal maneuvers that the Democrat Party would embark to resolve the situation?
Faced with this unprecedented challenge, the Democratic Party makes a groundbreaking decision. All delegates, traditionally bound by primary and caucus outcomes, are granted the status of superdelegates, able to vote for any candidate they choose.
With amazing and mind-baffling speed, the majority of delegates rally around California Governor Gavin Newsom, instead of sitting President, Kamala Harris. Known for his progressive policies and leadership, Newsom emerges as a consensus candidate who could unite the party and appeal to a broad spectrum of voters…so they believe.
This scenario sets the stage for an unconventional Democratic National Convention, where every delegate, now a superdelegate, wields independent voting rights. The decision to pivot towards Governor Newsom reflects a collective belief that he possesses the qualities necessary to lead the party and the nation during a challenging period.
However there is no legal or constitutional authority that grants a party the ability to transfer a vote cast by a citizen from one person to another. But this won’t stop Democrats from trying and they most assuridily will find a judge to agree with them … in these extraordinary times.
Therefore, Harris would continue as the first Woman President until Newsom is sworn in on January 20, 2025.
But this hypothetical scenario assumes an alternate universe where Donald Trump is not victorious in the 2024 election. The more likely scenario is that the Democrats will use the chaos caused by Biden’s inability to continue with the election to declare that Trump, once again, is an illegitimate President. Thus, causing a whole new era of riots in the streets, impeachments, FBI setups etc. … just like 2016.