{"id":369028,"date":"2020-10-03T08:27:20","date_gmt":"2020-10-03T13:27:20","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/legal-system\/death-or-incapacity-of-a-president-or-presidential-candidate.html"},"modified":"2024-04-01T09:48:08","modified_gmt":"2024-04-01T14:48:08","slug":"death-or-incapacity-of-a-president-or-presidential-candidate","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/legal-system\/death-or-incapacity-of-a-president-or-presidential-candidate.html","title":{"rendered":"Death or Incapacity of a President or Presidential Candidate"},"content":{"rendered":"\n
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Death or Incapacity of a President or Presidential Candidate<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The Constitution sets forth the rules and procedures for when a president dies or becomes incapacitated. If the president dies while in office, the vice president assumes the office of president. If a president becomes incapacitated, the vice president assumes the presidency. When the president recovers, they can reassume their office.<\/p>\r\n

If a presidential candidate becomes incapacitated or dies, things become less clear. Political parties have their own rules about how to replace a candidate. This may not be possible depending on the timing and proximity to Election Day.<\/p>\r\n

This article describes the different rules and procedures for when a sitting president or a presidential candidate dies or becomes incapacitated.<\/p>\r\n

What happens when a sitting president dies?<\/h2>\r\n

The 25th Amendment to the U.S. Constitution<\/a> states that the vice president assumes the presidency if the president dies. Eight presidents<\/a> have died in office. Each time, their vice presidents assumed the presidency.<\/p>\r\n

Congress has also established a succession plan to replace the nation’s highest office. The line of succession applies to any situation in which the president dies or in the case of the removal of the president.<\/p>\r\n

The presidential succession is as follows:<\/p>\r\n