> I'm also thinking of what happens if Biden is elected but incapacitated before the inauguration. My guess is the VP would take his slot since they were already elected
Hypothetical: Biden-Harris wins the 2024 popular vote and electoral college vote, but the GOP retains control of the House. However, days before Congress meets to count the electoral votes, Biden unexpectedly passes away. What happens if the GOP-controlled House decides they will refuse to accept votes for a dead man? The Electoral Count Reform and Presidential Transition Improvement Act of 2022 says they aren’t allowed to do that, but it isn’t clear if the Act is legally enforceable-if the House votes to uphold an objection to votes for a deceased man, in violation of that Act, ultimately SCOTUS may have to decide whether that Act is binding on the House. There is no guarantee the conservative SCOTUS majority would decide that it is.