If both contests are still unsettled on Inauguration Day, America could conceivably be without a president or vice president and without any final authority on how to name a temporary one.
The presidential line of succession is set out in the US Constitution’s 20th Amendment, which states that if there is no President-elect by Inauguration Day, then the Vice President-elect will become acting President until a president has been chosen. But if both contests are still unsettled on Inauguration Day, America could conceivably be without a president or vice president and without any final authority on how to name a temporary one.
According to the 20th Amendment, “if there is neither a President nor Vice-President elected, then the Speaker of the House of Representatives shall act as President.” But if both contests are still unsettled on Inauguration Day, it is not clear how this would work.
The Constitution does not specify who would become President if there is no Speaker of the House or if that person refuses to accept the role. Some argue that the Secretary of State would then become President, while others believe that the line of succession should continue through other members of the Cabinet.
There are also questions about what would happen if both contests are still unsettled on Inauguration Day and there is no one left in the line of succession to take over as President. This scenario could potentially lead to a constitutional crisis, with no clear way to resolve it.
In short, if both contests are still unsettled on Inauguration Day, America could conceivably be without a president or vice president and without any final authority on how to name a temporary one.
