Would Trump quit after winning the election?

NY Times (subscription)

Presented in a recent interview with a scenario, floating around the political ether, in which the presumptive Republican nominee proves all the naysayers wrong, beats Hillary Clinton and wins the presidency, only to forgo the office as the ultimate walk-off winner, Mr. Trump flashed a mischievous smile.

Time to pull out that 12th Amendment and ponder possible outcomes. You have to split out whether Trump just quits or whether he is unable to serve (dead or otherwise)

Going with the NY Times scenario that Trump has the necessary states to win the electoral majority, we need a timeline

Trump withdraws before the electors vote in December at the State Capitols. Without any coordinating authority or precedent, electors could do many things. In 1872, when Horace Greeley died in this period of natural causes, his electors split among 4 different candidates.

https://en.wikipedia.org/wiki/United_States_presidential_election,_1872

Greeley still got 3 votes in Georgia, despite being dead.

The next milepost is the electoral vote, all states voting on the same day. The vote is recorded on a document for delivery to Washington DC. There is no “do over” of the electoral vote – it isn’t 538 people meeting in a room. The votes are locked in until the envelopes are opened.

The next milepost is the counting of the ballots, one of the first items of business when the new Congress is seated on January 3rd. The meat of the 12th amendment applies here.

The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate.

The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.

The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March January 20th next following, then the Vice-President [Biden] shall act as President, as in the case of the death or other constitutional disability of the President.[Note 1] [the Inaugurantion was moved to Jauary 20th]

The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

One might argue that the selection of Vice President is not dependent on the successful selection of a President. It also doesn’t address the situation where the president elect has withdrawn.

Once the House and Senate do their thing, there is still a chance of Trump being unable or unwilling to be President. .

Back to the Constitution and the inauguration process officially makes a person the President. The 20th Amendment moved the date and added clarification what happens if the President elect dies between January 3rd and January 20th or “doesn’t qualify”.

SECTION 1

The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

SECTION 2

The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

SECTION 3

If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

SECTION 4

The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

SECTION 5

Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

SECTION 6

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

All of the above is premised on Obama having not provoked nuclear war with China or Russia. Putin just cleared his callender after saying the US and Russia are very close to war.