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?
Now this depends upon the meaning of “president elect”. I believe it is speaking of the president elected by the Electoral College not the winner of the popular election.
If Obuma is not elected by the Electoral College because he is ineligible then I believe my scenario is possible if not likely. We should remember that political parties have no real say in this under Constitutional theory so the Democrat party has nothing it can do to save its interests.
All of this is obviously new ground with a great deal of murkiness in it.
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”.
I think that technically Obama isn’t the President elect until the Electoral College does its thing which happens on the first Monday after the second Wednesday in December or in this year it will be on Dec. 15. Until that time I’m not sure the procedure other than the DNC picking replacement for him that would appear on the EC ballot as their nominee.