Section 3 of the 20th Amendment to the Constitution of the United States begins with this:

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.

I am presuming at this point that no one is "the President elect" in the eyes of the Constitution until the electoral college votes in December. What would happen if Biden dies between now and the convening of the electoral college? If no states had laws against faithless electors, I would presume the electors could then freely decide. But there are such laws.


The party of the deceased nominates a replacement

This can be the vice-President elect but it doesn’t have to be. If it is, they would nominate a new vice-President elect. Voting for the nominated substitute(s) is not faithless for states with those laws.

See https://politics.stackexchange.com/a/60090/14527 on Politics for a full rundown on all the timing issues.


No state law imposes a requirement on electors that their presidential candidate must still be alive on Dec. 14. Since the procedure is that the electors of the winning party become the electors for the state, the Democratic Part electors are the ones selected. For Washington, this is the law about the designation of the slate of nominees (two people are named per position, the elector and the alternative), and those electors marks a ballot provided by the Secretary of State. There is no requirement that the SOS ascertain that the candidates named on the ballot still be alive. The elector pledge does not provide an exception to the effect that "you may do as you see fit, if the candidates are dead".

It is always possible, even without anyone dying, that there will be an outbreak of faithless electors, and this could happen in states that don't have laws that invalidate faithless votes (Washington only penalized faithless electors, it does not invalidate their vote, as is the case in Minnesota).


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