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To: politicalmerc
The Electoral College votes (EC) and the results go to the House where they are charged with determining th eligibility of the candidate who wins. The rules there specifically state (I'll find them if I must) that if the House finds that the winner is ineligible the House declares the 2nd place vote getter to be President.

Please look it up.

You're confusing two things. The House does what you say if no one has 270 certified EVs.

But before you get there, a special Joint Session of Congress, with the outgoing VP in the chair, opens, counts, and certifies the EVs.

This happened on January 5, 2009, Barack Obama was elected with 365 votes, as was Biden. If one Member and one Senator had objected, then an investigation into qualifications would have followed, but this did not happen.

If, after this procedure, the office of President falls vacant, the legally electted VP takes over.

2,092 posted on 08/02/2009 11:12:32 AM PDT by Jim Noble (I hope Sarah will start a 2nd party soon)
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To: Jim Noble
If, after this procedure, the office of President falls vacant, the legally electted VP takes over.<<<<<<<<<<<<<

That was my first position on the matter. The pesky lawyer in me came up with the other position. I believe it would be better for the Country if it fell to Biden because it is going to be a hell of a shock anyway. Having it change the party in the office would be seen as a Coup d'etate.

I think Biden would tap Hillary as VP and as I said, I think she would kill him and eat his head like a good Black Widow does.

2,903 posted on 08/02/2009 2:06:13 PM PDT by politicalmerc
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