[Dead Corpse]

No. If they de-certify the election because Obama isn’t eligible, we’d need a completely new election.

[savedbygrace]

I don’t think they would de-certify the election. I’m not sure the USSC has that power or authority. According to Amendment XX Sec 3, “if the President elect shall fail to qualify, then the Vice President elect shall act as President until a President shall have qualified”.

IOW, we have to wait until AFTER we have a President elect who fails to qualify before action can be taken. There doesn’t appear to be any Constitutional power for anyone to act before then.

That also says to me that the power isn’t in the Court, but in the Electoral College. How about that for a legal theory?

[Delta 21]

Or would the electoral college simply chooses the only remaining, eligible candidate in the race?