	Introduction

Presidential transition is generally defined as the period during which an incumbent President who is retiring or who has failed to win reelection prepares to leave office, while the incoming President-elect prepares for inauguration. In modern times, the transition period begins immediately after the general election, which is held on Tuesday after the first Monday in November of every presidential election year, and concludes on the following January 20, when the new chief executive is sworn in. For the purposes of this report, the preceding period, which begins with the national party nominating conventions, which are held in August of the election year, and concludes with the general election, is referred to as the presidential election campaign period. For instance, the period between President Barack H. Obama's election to a second term on November 6, 2012, and his inauguration on January 20, 2013, is not a transition period as defined in this report. Candidate "Succession" During the Presidential Election Campaign Period

Vacancies in a national party ticket during the presidential election campaign period, which falls between the national nominating conventions and general election day, do not technically occur during the transition. Succession Between General Election Day and the Meeting of the Electoral College

The first period in which succession procedures would be invoked in the event a President-elect or Vice President-elect were to die or leave the ticket for any reason includes the time between the election and the date on which the electors meet in December to cast their votes. Most commentators suggest that in this case the political parties would follow their long-established rules, by which their national committees designate a substitute nominee. Presidential electors meet in their respective states to cast their votes on the first Monday after the second Wednesday in December in the year of the presidential election, which falls on December 17 in 2012. Federal law sets January 6 of the following year as the date on which Congress convenes in joint session to count the electoral vote and declare the results. The succession process during this period would turn on the issue of when the candidates who received an electoral vote majority actually become President-elect and Vice President-elect. Some commentators doubt that there would be a President- and Vice President-elect before the results are certified. Addressing the question of when there is a President-elect, the report stated:
It will be noted that the committee uses the term "President elect" in its generally accepted sense, as meaning the person who has received the majority of electoral votes, or the person who has been chosen by the House of Representatives in the event that the election is thrown into the House. 380, 3 U.S.C. 19) implements this authority, providing that if, "by reason of death, resignation, removal from office, inability, or failure to qualify [emphasis added], there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President." One safeguard would be for some official or officials in the line of presidential succession not to attend the presidential inauguration ceremony. The Speaker of the House and the President pro tempore of the Senate would arguably be the appropriate candidates for this role: they are, respectively, first and second in the order of succession following the Vice President, ahead of members of the President's cabinet. First, one or more incumbent cabinet officers of the outgoing administration might be retained in office (and, away from the inaugural ceremonies) at least until after the President- and Vice-President elect have been safely installed. Alternatively, one or more cabinet officers of the incoming administration could be nominated by the incumbent President, confirmed, and installed in office before the January 20 inauguration. It was subsequently announced on January 19, 2009, that Secretary Gates would not attend the presidential inauguration ceremonies. With respect to the transition period itself, the 20 th and 25 th Amendments have anticipated most potential contingencies, and could be implemented to address a succession issue during the period between the meetings of the electoral college and inauguration of the President. In the Post-9/11 environment, however, attention has shifted from the prospect of the death, disability, or resignation of a candidate or the President- or Vice President-elect to the potential for a successful terrorist incident that might result in the death or disability of a number of persons in the line of presidential succession, particularly during the public inauguration ceremonies. One option to ensure executive continuity would be for either the Speaker of the House or the President pro tempore of the Senate to be absent from the ceremony.
Presidential transition is usually defined as the period and process that take place when one President prepares to leave office, due to retirement or failure to win reelection, and a successor prepares for inauguration. In modern times, the transition period begins immediately after the general election, which is held on Tuesday after the first Monday in November of every presidential election year, and concludes on the following January 20, when the new chief executive is sworn in. For the purposes of this report, the preceding period, which begins with the national party nominating conventions and concludes with the general election, is referred to as the presidential election campaign period. It should be noted that transition is not generally used to describe the period between the first and second terms of the Presidents who were elected to consecutive terms.
This report identifies and provides analysis of the procedures governing replacement of candidates for the office of President and Vice President during the presidential election campaign period, or replacement of a President- or Vice President-elect during the transition period. These procedures are determined by when they occur. Procedures applicable during the successive stages of the transition and election period are summarized below.
Before Election Day—During the Presidential Election Campaign Period. Between the national party nominating conventions, which generally take place in August of the presidential election year, and general election day (November 6 in 2012), the two major parties' rules provide that replacement candidates would be chosen by their national committees should vacancies occur. Between Election Day and the Meetings of the Electors. At the general election, voters choose members of the electoral college, which formally selects the President- and Vice President-elect several weeks later (December 17 in 2012). Although the transmission period has begun, the political parties' rules still apply: replacement candidates would be chosen by the party national committee. Between the Meetings of the Electors and Inauguration Day. Most, though not all, authorities agree that the President- and Vice President-elect are chosen once the electoral votes are cast on the first Monday after the second Wednesday in December (December 17 in 2012). The electoral votes are counted and declared when Congress meets in joint session for this purpose, which is set by law for January 6 of the year following the election, but Congress occasionally sets a different date for the joint session. Since January 6 falls on a Sunday in 2013, it is likely that Congress will set a different date, possibly January 7 or 8. In recent years, the customary legislative vehicle calling for the joint session has been a Senate Concurrent Resolution, introduced in the newly assembled Congress by the Senate Majority Leader. During the period between the date when electoral votes are cast and the January 20 inauguration, the 20th Amendment to the Constitution provides for succession: if the President-elect dies, the Vice President-elect becomes President-elect. Although the 20th Amendment does not specifically address the issues of disability or resignation by a President- or Vice President-elect during this period, the words "failure to qualify" found in the amendment might arguably be interpreted to cover such contingencies. While the 20th Amendment does not address vacancies in the position of Vice President-elect, these would be covered after the inauguration by the 25th Amendment. In the event no person qualifies as President or Vice President, then the Presidential Succession Act (61 Stat. 380, 3 U.S.C. 19) would apply: the Speaker of the House of Representatives, the President pro tempore of the Senate, and duly confirmed Cabinet officers, in that order, would act as President. Since the terrorist attacks of September 11, 2001, observers have expressed concern that an incident during the presidential inauguration ceremony might lead to the death or disability of most or all officials in the line of presidential succession. One potential remedy for this situation would be for an official in the line of succession, such as the Speaker of the House of Representatives or the President pro tempore of the Senate, to be absent from the ceremony. Another might be for a Cabinet secretary-designate of the new Administration to be nominated by the incumbent President, confirmed by the Senate, and installed prior to the inauguration. A third would be for a Cabinet secretary from the outgoing Administration to remain in office until after the inauguration, and away from the ceremony. Due to a convergence of circumstances, this occurred in 2009: Defense Secretary Robert Gates was asked by President-elect Barack Obama to stay on in the new Administration in order to provide continuity in an important Cabinet office. Subsequently, the Obama transition team and the outgoing Administration of President George Bush agreed that, in order to secure continuity in the order of presidential succession, Secretary Gates would not attend the inauguration ceremony.