Right, but in the film, the new President, Harley Hudson, in saying he'd prefer to appoint his own Secretary of State, makes it clear he has no intention of naming Leffingwell.
Constitutionally, Hudson became President (or at least ceased to be Vice President) the moment the President died. Therefore, he was no longer President of the Senate and so could not legally cast a tie-breaking vote for (or against) Leffingwell at the end, after he learns of the President's death. Therefore, if he had wanted Leffingwell as SOS, he would have had to let Leffingwell stand defeated by the tie vote, then resubmitted his name for the office later on. But from his comments it's obvious he's not going to do so.
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