Obama can not occupy the office of President of the United States past 1200 on January 20, 2017 regardless if there is a replacement or not.
Will Barack Obama Delay Or Suspend The Election If Hillary Is Forced Out By The New FBI Email Investigation?
If Clinton were to fall off the ticket, Democratic National Committee members would gather to vote on a replacement. DNC members acted as superdelegates during this year’s primary and overwhelmingly backed Clinton over boat-rocking socialist Sen. Bernie Sanders of Vermont.
DNC spokesman Mark Paustenbach says there currently are 445 committee members – a number that changes over time and is guided by the group’s bylaws, which give membership to specific officeholders and party leaders and hold 200 spots for selection by states, along with an optional 75 slots DNC members can choose to fill.
But the party rules for replacing a presidential nominee merely specify that a majority of members must be present at a special meeting called by the committee chairman. The meeting would follow procedures set by the DNC Rules and Bylaws Committee and proxy voting would not be allowed.
It would be extremely challenging to get a majority of the members of the Democratic National Committee together on such short notice. If Clinton were to drop out next week, it would be almost impossible for this to happen before election day.
In such a scenario, Barack Obama may attempt to invoke his emergency powers. Since the election would not be “fair” until the Democrats have a new candidate, he could try to delay or suspend the election. There would be a lot of controversy as to whether this is legal or not, but Barack Obama has not let the U.S. Constitution stop him in the past.
Meanwhile, new poll numbers show that the Trump campaign was already gaining momentum even before this story about the new emails broke. According to a brand new ABC News/Washington Post survey, Donald Trump is now only trailing Hillary Clinton by 4 points after trailing her by as much as 12 points last weekend.
So if Hillary is forced out of the race by this investigation, Barack Obama and the Democrats will want to delay or suspend the election for as long as possible if they can.
At this point there is probably not a high probability that such a scenario will play out, but in this crazy election year we have already seen that just about anything can happen.