???
What happens to the election? It just proceeds? I don’t think anyone has Constitutional authority to postpone it.
Presidency goes to Mike Huckabee, by default.
No, I’m pretty sure it’s a push and Obama gets another year so they can nominate new candidates.
The general election would be Cruz vs. Sanders.
I’ll try to give a serious answer but it’ll be little more than a stab in the dark because I’m rather un-qualified to answer compared to some other Constitution/politics-wise Dopers.
I suppose it would matter how close to the election we were. I would think both major parties would opt to hold some sort of emergency convention/meeting to nominate new candidates (if this was after the conventions).
I don’t think the nominations would automatically pass to the candidates who had the second most delegates after the primaries (although those guys–Sanders, Cruz, maybe others–would probably have a big advantage).
Rather, I think all the delegates would be given the opportunity to re-cast their votes for a candidate if this occurred after the conventions.
If this occurred before the conventions I imagine the state delegates would just vote as they always do but new emergency rules would be drafted for the conventions allowing a lot of leeway for delegates to vote for… whomever. There certainly wouldn’t be time to let the general public have their say again. Of course, each party may choose to deal with this issue in a different way.
The OP posits that Clinton and Trump were indicted, not convicted. So Hil and Don and their supporters may try to claim innocence until proven guilty, etc., therefore, “let the election go on as planned!!”
But I don’t think this would wash. It’s up to the parties to nominate their candidate and an indicted candidate, though still considered innocent of any crime, does not make a good standard-bearer for the party.
** Both Clinton and Trump are indicted before the election**
… the Republican Party feels vindicated that there is a benevolent God, but he likes to watch his followers squirm and sweat.
But yes, it would be an unprecedented situation and the parties would have to make it up as they go along. Since indictment and even conviction are not *per se *disqualifying, that would be a bigger problem if one or both of the candidates simply refused to relinquish a nomination that has already been officialized.
There’s nothing in the Constitution that says that Republicans or the Democrats or anyone else is required to field a candidate. The Election would continue just fine even if both Parties were swallowed by enormous sinkholes.
In the event that either Party’s candidate became unavailable, they’d presumably just turn to their second place finisher.
nm. Will seek guidance, and post if it’s okay.
Is there anything in the constitution that says being indicted makes you ineligible? If there’s not time for the parties to make a panic replacement nomination, I’d think the election would proceed as scheduled.
indicted people can run. Even convicted people.
You just have to be 35 years old and a natural born American citizen.
I don’t know. If it happens, presumably the writers have a reason to put it in the script. Should be funny, anyway.
BTW, there are multiple suits against Trump for Trump U and one of them is a RICO case where he may have to reveal his true net worth on the stand under threat of perjury:
Next hearing is in July, one day after Trump is due to give his acceptance speech at the RNC.