Constitutional question re: rumor that Trump might NOT serve if elected:

[Ken Burch]

(Obviously, we need to work hard to elect Secretary Clinton in the fall to make sure we don't face this scenario)

The rumor was going around online yesterday that, if elected, Trump might do a "screw you guys" move and just refuse to take the job.

Which raises a huge question:

If Trump were to win an Electoral College majority, then renounced the presidency before the EC votes were counted in Congress, would his electoral votes simply be passed to his running mate, or would they be totally up for grabs?

[roamer65]

1. The VP-elect would get the job.

Imagine a President Newt Gingrinch.

Makes you sick, doesn't it.

[Renew Deal]

5. This is not correct

[CrawlingChaos]

6. Or President Ivanka Trump

Because there have been rumors of that as well.

This country needs adult supervision.

[longship]

2. Amendment XII and Amendment XX address this.

Maybe that's why Drumpf says that Article (sic) 12 is one of his favorites.

There is no Article 12, only an Amendment XII which addresses an insufficient majority of presidential electors, highly unlikely this year.

Amendment XX addresses the case where the elected president cannot (or one presumes will not) serve.

Reading the Constitution is always an education no matter how many times one does it.

[Takket]

3. i imagine this would apply.........

What happens if a candidate dies or becomes incapacitated?

If a candidate dies or becomes incapacitated between the general election and the meeting of electors, under federal law, the electors pledged to the deceased candidate may vote for the candidate of their choice at the meeting of electors. Individual states may pass laws on the subject, but no federal law proscribes how electors must vote when a candidate dies or becomes incapacitated. In 1872, when Horace Greeley passed away between election day and the meeting of electors, the electors who were slated to vote for Greeley voted for various candidates, including Greeley. The votes cast for Greeley were not counted due to a House resolution passed regarding the matter. See the full Electoral College vote counts for President and Vice President in the 1872 election.

As to a candidate who dies or becomes incapacitated between the meeting of electors and the counting of electoral votes in Congress, the Constitution is silent on whether this candidate meets the definition of “President elect” or “Vice President elect.” If the candidate with a majority of the electoral votes is considered “President elect,” even before the counting of electoral votes in Congress, Section 3 of the 20th Amendment applies. Section 3 of the 20th Amendment states that the Vice President elect will become President if the President elect dies or becomes incapacitated.

If a winning Presidential candidate dies or becomes incapacitated between the counting of electoral votes in Congress and the inauguration, the Vice President elect will become President, according to Section 3 of the 20th Amendment.

source: https://www.archives.gov/federal-register/electoral-college/print_friendly.html?page=faq_content.html&title=U.%20S.%20Electoral%20College%3A%20Frequently%20Asked%20Questions#candidatedies

[gratuitous]

4. On a scale of 1 to 10 of things to worry about

Trump winning the election in November should be about negative thirty kajillion, just below how your life is going to change when you win the lottery.

[no_hypocrisy]

7. The process depends upon whether he quits before the Electoral College casts its votes

in December.

[Ken Burch]

8. The scenario I laid out in the OP was Trump quitting before the EC casts its votes. n/t.

[no_hypocrisy]

9. My bad.

[Monk06]

11. He's not president until after he takes the oath of office at inaugeration That is the tricky

scenario He would have to be unable to serve due to criminal charges or medical infirmity for the VP to take over

I don't think the President can just hand over power to whoever he pleases because he has more interesting things to do with his time

[JustinL]

10. Akhil Amar presented a lengthy essay to the Senate on this issue in 1994

Here it is, as published in the Arkansas Law Review:

http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1972&context=fss_papers