If a presidential candidate dies prior to the election does the VP nominee become the Presidential nominee?

Not necessarily. Each party has its own protocol for this scenario, but in neither case does the running mate automatically take over the ticket. If John McCain were to die before the election, the rules of the Republican Party authorize the Republican National Committee to fill the vacancy, either by reconvening a national convention or by having RNC state representatives vote.

The new nominee must receive a majority vote to officially become the party candidate. If Barack Obama were to die before the election, the Democratic Party's charter and bylaws state that responsibility for filling that vacancy would fall to the Democratic National Committee, but the rules do not specify how exactly the DNC would go about doing that. (Congress could also pass a special statute and push back Election Day, giving the dead candidate's party time to regroup.) The outcome would be a little more straightforward—though not necessarily more politically satisfying—if the candidate dies between the general election on Nov. 4 but before the Electoral College votes on Dec. 15.

There's no federal law that mandates how electors must cast their votes; theoretically, if the candidate to whom they were pledged dies and their party has not made a preferred successor clear, electors can vote for their party's VP candidate, a third-party candidate, or a leading preconvention contender within their own party. Under this scenario, however, individual state laws have the potential to make things murky, given that each state has the power to determine exactly how its electoral votes are to be cast and distributed.

Bonus Explainer: What if the candidate dies after the election but before the inauguration on Jan. 20? The 20th Amendment states that if the president-elect dies before beginning his term, then the vice president-elect assumes his or her spot. However, the point at which a candidate officially becomes "president-elect" is debatable. He or she definitely assumes the title after Jan. 6, when a joint session of Congress officially counts the Electoral College votes and declares a winner. But the shift could be said to occur immediately after the Electoral College vote.

If a candidate dies after Dec. 15 but before Jan. 6, Congress, when it convenes, has to decide whether to count the votes cast for him. (In 1872, three electoral votes cast for the late Horace Greeley were discounted by Congress, but it's unclear whether votes cast for a living candidate who subsequently dies would be treated the same way.)

If Congress decides the votes are valid, then the laws of presidential succession kick in, and that candidate's running mate moves up the ladder. If Congress decides to throw out the votes, then the question becomes whether the living candidate can be said to have a majority of the overall electoral votes—if not, then, according to the 12th Amendment, the House of Representatives must elect the president from among the three candidates with the most votes.

NO - - - N O _ - - - NO and where this myth started is beyond me! If a Presidential Candidate Dies prior to the Election then the Party Chairperson and a select Committee will hash out who would be best to lead their party. They might choose the V P candidate or they might not, it is their call. Though the Party endorsed the V P Candidate with a nomination that V P candidate is still considered the choice of the now dead Presidential Candidate. In all matters of dispute prior to the actual election the party chairperson holds the upper card.

(Most likely were there to be anything to happen to Obama then most likely Biden would get the Nod as for Palin a true wild card, one would suspect the GOP would call upon an old warrior such as George Mitchell to take on the mantle of responsibility)..

Peace/\/\/\/\/\

I don't know how much the rules vary from state to state; however, I found the election code for the state of OH and the state of TX. Both of them indicate that the political party of the candidate would name the replacement nominee. So while it is highly unlikely that a political party would not submit the name of the current VP candidate, they could do so.

properly, that's not suitable with regard to the applicants that lost, now might it. Constitutionally, the Speaker of the homestead may be sworn in. (Congress might desire to convene and choose one in the event that they weren't already in consultation. The sitting president might attempt to place a end to this. His Sec of State is 4th in line and holds that workplace as a presidential appointee until eventually he resigns or is fired despite the fact that if his appointing President leaves workplace like while his term is up, or dies, or resigns). Then there is that pesky terrific courtroom. they have have been given epidermis in this. have been the winner of the election a republican, the courtroom might positioned a end to all grave digging, prop up the "triumphing" pair, airborne dirt and dirt them off, stick to three lip-stick, and function them sworn in. stay wakeful-wind of that! yet while the democrats gained, the terrific courtroom might maximum possibly have the two cremated (re: Bush v Gore) . do you be conscious of a few thing something people do no longer?

Wow, if this is the case and John McCain kicks the bucket in the next 2 weeks, watch out USA. Sarah Palin as PRESIDENT? What a frightening thought.

Yes

Yepper... Isn't that unfortunate in some cases?

Yes.

I believe so, but I could be wrong.

yup