What happens if Joe Biden is elected President, contacts COVID and dies before inauguration? Is Kamala Harris President and can she name a vice president? Say a Von Jones, a Corey Booker, Susan Rice, or a Eric Holder?
The 12th Amendment to the Constitution gives Congress the final say on who is elected president and vice president. Congress decides whether to accept or reject slates of electors from the Electoral College and to determine whether a candidate has won the required 270 electoral votes to become president.
As a check on this power, both the House and Senate must agree to reject a slate of electors. If the two chambers don’t agree, the electors get counted under federal law, said Michael Morley, an assistant law professor at Florida State University.
If no candidate reaches 270 electoral votes, the House chooses the president and the Senate chooses the vice president, in a process spelled out in the Constitution.