If POTUS hasn't resigned a previous office on Jan. 20

[Sir Mohamed]

If a sitting senator or gov. gets elected prez, what would happen if he or she hasn't resigned said post at noon on January 20? You can't hold both offices, right? Does SCOTUS declare the VP acting POTUS until resignation has been submitted? Or would a state legislature impeach the gov/the senate expell the member in question?

[Schiff for Senate]

I don't know, and while theoretically an interesting question, it seems like a moot point since I don't know that anyone would do the gruelling work of a presidential campaign, win and then refuse to become president because they prefer some lower office.

[Kahane's Grave Is A Gender-Neutral Bathroom]

People used to decline to serve in political offices all the time, although that was before vetting procedures and the like (I think the most recent one was when Roscoe Conkling declined an appointment to SCOTUS in 1882).

I'm not sure. I remember reading that when McGovern was thinking about picking Kennedy as his running mate in 1972 Kennedy thought the position would be a downgrade so McGovern's team did research and found it was perfectly fine for the VP to hold a cabinet position as well.

I'm unsure if it would apply to the POTUS holding an office in a different branch.

[Mr. Morden]

I don't know, and while theoretically an interesting question, it seems like a moot point since I don't know that anyone would do the gruelling work of a presidential campaign, win and then refuse to become president because they prefer some lower office.

This thread deals with this same question about "What happens if someone is elected, but doesn't want to give up their existing office?":

https://talkelections.org/FORUM/index.php?topic=275752.0

In it, the hypothetical scenario I posed was one in which the winning candidate *didn't* engage in the grueling work of a presidential campaign, but got some faithless electors, and then the full House elected him because they preferred him to their party's nominee.  (In this case, House Republicans in Jan. 2017 preferring Paul Ryan to Donald Trump.)

[brucejoel99]

The 20th Amendment is pretty clear about this: if a President-elect has failed to qualify for the office (in this instance, failed to resign from any & all other constitutionally-incompatible offices), then the Vice President-elect - or, failing that, the next highest qualified person in the line of succession - acts as President 'til the President-elect has qualified to serve.

[Leroy McPherson fan]

Didn’t Huey Long do something like this for the Senate while he was Governor?

[○∙◄☻¥tπ[╪AV┼cVê└]

Gavin Newsom took an extra week to be sworn in as Lt Governor because he wanted to screw SF progressives first.

[brucejoel99]

Gavin Newsom took an extra week to be sworn in as Lt Governor because he wanted to screw SF progressives first.

Lol I know that you're you, jfern, but what kinda take even is this!? Newsom delayed his resignation by a week so that a Board of Supervisors that'd be wholly composed of newly-elected members could take office & elect his successor, as opposed to the alternative that would've been resigning on time, thus resulting in 4 lame-duck, term-limited Supervisors getting a say in the matter, so are you trying to claim that Newsom was a bastion of democracy in Jan. 2011's SF compared to anti-lower-case-d-democratic SF-progressives, because that's what your claim pretty inherently admits there.