“The 12th Amendment requires that the winner have a majority of the electoral votes. McCain got around a third. No way he can be awarded the election.”
Yeah, but, if the “winning ticket” was fraudulent, then the winner should be the one who has the “majority” of the remaining electoral votes . . . hence, McCain.
“The 12th Amendment requires that the winner have a majority of the electoral votes. McCain got around a third. No way he can be awarded the election.”
Yeah, but, if the “winning ticket” was fraudulent, then the winner should be the one who has the “majority” of the remaining electoral votes . . . hence, McCain.
***
Close - but no cigar ...
With no majority, it would devolve to the House to choose. However, they can only choose from the top three on the list (the list only had two - McCain and Obama). Since Obama would be DQ’d, the list would only be one - McCain. Hence McCain.
You had the right outcome - wrong process ...
See my post #75 ...
The amendment reads the majority of votes cast. Nothing in it about legitimate candidates, and there is nothing disqualifying votes. If memory serves there was at least one losing presidential candidate and one vice-presidential candidate who died after the election but before the Electoral College met. Those votes weren't disqualified. The fact of the matter is that we could have 278 votes cast for Mickey Mouse and he would win the election. He couldn't serve of course, being a cartoon and all, so then the presidential succession would kick in.
We've had dead men elected to the Senate in recent times. Nobody went and said, "All those votes didn't count because he was ineligible." The law doesn't allow for it. McCain got about one-third of the electoral votes cast. He cannot be named the winner under any circumstances supported by the Constitution.