# Can Bush decline the nomination?

**URL:** <https://boards.straightdope.com/t/can-bush-decline-the-nomination/262752>\
**Category:** Factual Questions\
**Created:** [September 2, 2004, 12:18pm UTC](https://boards.straightdope.com/t/can-bush-decline-the-nomination/262752 "2004-09-02T12:18:05Z")\
**Posts on this page:** 1\
**Page:** 2

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**Author:** ![brianmelendez](https://avatars.discourse-cdn.com/v4/letter/b/65b543/32.png) [@brianmelendez](https://boards.straightdope.com/u/brianmelendez)\
**Post date:** [September 3, 2004, 5:10pm UTC](https://boards.straightdope.com/t/can-bush-decline-the-nomination/262752/21 "2004-09-03T17:10:58Z")

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> [@Mike H](#):
>
> What if both the (sitting) Prez and the VP die before the inauguaration but after the winning the election…  
> Of course the Speaker of the House would immediately become president… But what happens on Jan 20th? Does the Speaker stay president, or does whoever is Speaker at that time become President? (Giving the House of Representives defacto choice of \* anyone \* as President?)

The latter. The [Presidential Succession Act](http://www4.law.cornell.edu/uscode/3/19.html) provides that

> [@](#):
>
> An individual acting as President under subsection (a) or subsection (b) of this section shall continue to act until the expiration of the then current Presidential term …

Subsections (a) and (b) refer to the primary statutory successors, the Speaker and the President pro tem. (A similar provision in subsection (d)(2) likewise limits the term of the secondary statutory successors, the Cabinet officers.)

If there were Presidential vacancies both before and after Inauguration Day, thus occurring in separate terms, then each vacancy is filled independently. The successor who fills the first vacancy serves until Inauguration Day, after which a new succession occurs, elevating the then-Speaker to the Presidency for the new term.

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