What happens if no presidential candidate gets 270 electoral votes?
If no candidate receives a majority of electoral votes, the House of Representatives elects the President from the 3 Presidential candidates who received the most electoral votes. Each State delegation has one vote. The Senate would elect the Vice President from the 2 Vice Presidential candidates with the most electoral votes. Each Senator would cast one vote for Vice President. If the House of Representatives fails to elect a President by Inauguration Day, the Vice-President Elect serves as acting President until the deadlock is resolved in the House.
what happens if the FBI investigation of ACORN shows that many of the states electoral votes were stolen?
Yes. No saying in an unprecedented emergency that our country has never seen before what the electors and politicians and judges will actually DO.
But I believe that if Obama is eliminated before the electoral vote, then it would go to Hillary. And if it happens between the electoral vote and the swearing in, then it would go to McCain. And if Obama is sworn in but then shown to be unqualified, then it would go to Biden or break out in civil war.
If it had happened before the election, I presume it would have gone to Hillary.
IF THIS HAPPENS, the DNC will have a lot to answer for, because it was their job to do a basic vetting on the candidates. And apparently they did not do so.
“Please read the XX Amendment. Also see:
What happens if no presidential candidate gets 270 electoral votes?
If no candidate receives a majority of electoral votes, the House of Representatives elects the President from the 3 Presidential candidates who received the most electoral votes. Each State delegation has one vote. The Senate would elect the Vice President from the 2 Vice Presidential candidates with the most electoral votes. Each Senator would cast one vote for Vice President. If the House of Representatives fails to elect a President by Inauguration Day, the Vice-President Elect serves as acting President until the deadlock is resolved in the House.”
IF SCOTUS DQ’s Obama on the basis of a perpetration of a fraud, HIS Electors would be DQ’d. This is the “Fruit Of The Poisonous Tree” doctrine. Then, they have three options.
1. Apply the 12th Amendment - Seat Obama’s electors, but DO NOT allow them to vote for POTUS. Obama CURRENTLY leads, presumably, by 365-173. The election for POTUS would be based on ONLY 173 electoral votes.
Or, the House of Representatives would elect the President from NO MORE THAN 3 Presidential candidates who received the next most electoral votes (ONLY McCain). Nader and Barr got NO electoral votes in the general election, but MIGHT be allowed to stand, based on the popular vote. Each State delegation has one vote. Presumably, it would be McCain.
IF Biden is ruled by SCOTUS to have been eligible AND NOT DQ’d by virtue of being on Obama’s ballot, Obama’s (and Biden’s) Electors WOULD vote, presumably, 365-173 and he would be VP.
Otherwise, The Senate would elect the Vice President from the 2 VP candidates with the most electoral votes. Each Senator would cast one vote for VP. Presumably, it would be Biden.
McCain POTUS, Biden VP.
OR:
2. Declare the election null and void and order a new one. THIS WOULD BE VERY TIME-CONSUMING AND EXPENSIVE AND, THEREFORE, UNLIKELY - BUT IT WOULD BE THE MOST EQUITABLE SOLUTION.
Winners: Unknown since new candidates are also unknown at this time.
OR:
3. Declare that since Obama was DQ’d, HIS votes for POTUS would be DQ’d, and HIS Electors would be DQ’d.
You gotta remember how this works:
We vote for SLATES of Electors, so there are 538 + 538 = 1076 POSSIBLE Electors (counting ONLY DEM and GOP).
CURRENTLY, Obama leads 365 (Obama Electors) to 173 (McCain Electors). For a total of 365 + 173 = 538. Obama wins 365-173.
HOWEVER, IF Obama is DQ’d, HIS Electors are DQ’d, and McCain’s Electors replace them.
Therefore, the NEW Electors would be 173 (original McCain Electors) AND 365 (new McCain Electors). For a total of 173 + 365 = 538. McCain wins 538-0.
IF Biden is ruled by SCOTUS to have been eligible AND NOT DQ’d by virtue of being on Obama’s ballot, he would be VP. His Electoral Count would be 365-173 - using HIS (and Obama’s) original Electors..
McCain POTUS, Biden VP.
Otherwise, Biden’s Electors would ALSO be DQ’d, as Obama’s above, and Palin would presumably be VP 538-0.
McCain POTUS, Palin VP.