The #NeverTrump movement never materialized, as the Republican Party ultimately united around Donald Trump at the convention.
But a reader recently asked: Does the Republican National Committee have the authority to replace Donald Trump as the nominee with anyone they want instead, or only Mike Pence?
The short answer is yes, the Republican Party can replace Trump with anyone. But the mechanics of dumping the nominee weeks before the election are complicated.
The RNC says in its bylaws that they are “authorized and empowered to fill any and all vacancies which may occur by reason of death, declination or otherwise of the Republican candidate for president of the United States or the Republican candidate for vice president of the United States.”
The “otherwise” gives a potential loophole to Republican leaders who may want Trump off the ballot, but it’s a legal gray area that would throw the party into disarray – and likely result in a Trump lawsuit – with no time to spare. The party can hold a second convention and nominate whoever they want for president. They don't have to nominate Pence.
If a second convention happens, getting whoever is the nominee on the ballot is an uphill battle that gets harder with each passing day. But even if Trump’s name appears on the ballot despite no longer being the nominee, members of the Electoral College can cast a ballot for the hypothetical nominee instead of Trump.
In the majority of states, electors “shall vote by ballot for that person for president and that person for vice president of the United States, who are, respectively, the candidates of the political party or group which they represent.”
In short, Electoral College members must vote for the preferred candidate of the party that wins the electoral votes in a given state, not the name on the ballot.
In the unlikely event of the candidate’s voluntary resignation, the Republican nominee will take Trump’s votes even if he or she doesn’t appear on the ballot. It’s happened before in congressional elections.
But if Trump is booted by the RNC against his will, it would set up an unprecedented legal challenge just weeks before the election.
That’s all unlikely, but this election has already seen its unprecedented moments.
Alex Daugherty: 202-383-6049, @alextdaugherty
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