[Lunatic Fringe]

Interesting theory.

Let's say Kerry wins and then he dies.

The constitution says that the House votes on the President if no one receives a majority of electoral votes. But if the person who receives the majority of electoral votes is dead, then that person cannot receive those votes, correct?

Then the 12th amendment kicks in and the House selects a President from the top 3 vote getters. If Kerry wins, but he dies before being sworn in, then the House could then select Bush since he would obviously be in the top 3. The 12th amendment also states that the House has until March 4th to select a new President... otherwise it then goes to the Senate, which requires a 2/3 quorum to select a President.

Lots of interesting scenarios can play out there. but honestly, in a time like this I expect that even liberal Democrats would come together and select a replacement, even if it is George W. Bush.

[dufekin]

If Kerry wins, then dies:

(1) His vice-president-elect becomes president-elect; upon inauguration, he becomes president, then selects a vice-president, confirmed by the Senate.

(2) If there is a vacancy in both the Presidency and the Vice-Presidency, after they are approved in the Congress, the line of succession kicks in, and the Speaker of the House, if still alive, becomes President.

(3) If the deaths occur before the electors cast their votes, then the electors effectively select the new Presidential candidate, who then goes to the House.

(4) If the House rejects Bush, and he's the only living candidate with any electoral votes, presumably they could invent two valid candidates who each go the next least number of electoral votes (zero) to compete with him.