The Question No Montanans Want to Ask About the Election

This is probably the question every Montanan is asking themselves, but no one wants to actually ask (the sane ones at least). It is insane that we are even in this position as Americans, but after two attempts on President Trump's life- this is a question one Montanan threw out on the radio.

Here's what the caller basically asked: what would happen if a presidential candidate is assassinated prior to the election or prior to the inauguration?

I did a quick search while I was live on the radio and pulled up this USA Today piece from July: What happens if a presidential candidate dies?

I also sent a quick note to former University of Montana Constitutional law professor Rob Natelson, who is now a Senior Fellow in Constitutional Jurisprudence at The Independence Institute in Denver, Colorado.

Here's what Natelson sent back to me:

"If the presidential candidate with is assassinated before the Electoral College meets, then the Electors choose the replacement. Probably they would choose the assassinated candidate's running mate, but I don't think they would have to.

If Electoral College meets and elects a President who is assassinated before Inauguration Day, then I think the 25th amendment would control. It states in part, "In case of the removal of the President from office or of his death or resignation, the Vice President shall become President."

One can argue that the person assassinated was President-Elect, not President, when he died, so the 25th amendment doesn't apply.

But I think the courts would interpret the amendment more widely than that. Thus, on Inauguration Day, the Vice-President-elect would be inaugurated and immediately become President."

Let's hope and pray that we don't actually have to have this conversation in 2024.