Posted on 10/12/2008 10:23:46 PM PDT by doug from upland
NOTE: IT IS WORTH READING THE ENTIRE ARTICLE. It is very interesting. What if the court determines, after the election, that Obama is Kenyan and ineligible for the presidency?
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Dead by Election Day What happens if a presidential candidate passes away at the last second? By Nina Shen Rastogi Posted Monday, Sept. 29, 2008, at 6:54 PM ET
excerpt:
The outcome would be a little more straightforward—though not necessarily more politically satisfying—if the candidate dies between the general election on Nov. 4 but before the Electoral College votes on Dec. 15. There's no federal law that mandates how electors must cast their votes; theoretically, if the candidate to whom they were pledged dies and their party has not made a preferred successor clear, electors can vote for their party's VP candidate, a third-party candidate, or a leading preconvention contender within their own party. Under this scenario, however, individual state laws have the potential to make things murky, given that each state has the power to determine exactly how its electoral votes are to be cast and distributed.
Bonus Explainer: What if the candidate dies after the election but before the inauguration on Jan. 20? The 20th Amendment states that if the president-elect dies before beginning his term, then the vice president-elect assumes his or her spot. However, the point at which a candidate officially becomes "president-elect" is debatable. He or she definitely assumes the title after Jan. 6, when a joint session of Congress officially counts the Electoral College votes and declares a winner. But the shift could be said to occur immediately after the Electoral College vote.
(Excerpt) Read more at slate.com ...
Jeff Greenfield wrote a novel ten or twelve years ago that humorously dealt with the problem as described in your post, but no one has posited a situation where a candidate wins under false pretenses. In the professions the problem is clearly resolved: a teacher who is found to not have certification is dismissed and can be sued for recovery of compensation. The law is even more clear as not only is the person prosecuted, but his cases are rendered moot and must be revisited.
Never
I, for one, will not count Hillary!™ out until the very last of a legion of demons has reluctantly left her rotting corpse.
Never
I, for one, will not count Hillary!™ out until the very last of a legion of demons has reluctantly left her rotting corpse.
YOU are kidding right. I think Obama is the creepiest part.
only if he wins
Thanks DOug....This answers a lot of questions
including why Hillary wanted the VP position so much.
Before election:
•DNC decides, method not specified
•RNC fills vacancy, reconvene convention or RNC state representitves vote, simple majority wins
Just before the election:
•Congress may pass special legislation to move back election day to give more time for the party to select a new candidate and regroup
11/4 Election
After election, but before Electoral College
•No federal law. Electors open to vote for VP, third party, or convention runner up. State laws may affect elector's abilities to select.
12/15 Electoral College
After Electoral College, before Congress counts the votes
•Congress counts Electoral College votes and declares winner. Winner's VP gets it
1/6 Congressional Vote Count
After Congressional count but before inauguration;
•Per 20th Amendment, VP gets it, but only applies after candidate becomes 'President-Elect" That is certainly after Congressional count.
1/20 Inauguration
•VP gets it
The Constitution says an ineligible person cannot serve as President.
I would think that the state requirement for ballot placement is that the candidate and party by requesting placement are attesting to the candidate’s qualifications. If those qualifications are not met then the candidate misrepresented himself and, depending on state law, that candidacy could be judged null and void. Like I said an interesting exercise in federalism. Not that this is going to happen because I believe Godot will show up before any evidence that Obama is not a natural born citizen, but it makes for interesting speculation.
You mean to say if the Kenyan is exposed with a Kenyan birth certificate?
I don’t think so. No justification.
Nope ... except for the Supreme Court case, which he would lose, the results would be just the same as described above.
Except for the riots....
may be the first time in history of any nation
that VP would be President, and sitting in jail at the same time, complicit with BO for massive voter fraud.
In this particular scenario I see the entire DNC
guilty of massive fraud. Any electoral voter who
would possibly consider anyone in the DNC would have
to be out of their freaking mind. Democrats always
salute the one finger at the Constitution. They knowingly
nominated a candidate and they think their VP will get in?
Think again, if GOP figures out the entire sham in time, then the runner up would get in hands down.
No one can say that the VP didn’t know, no one would ever believe that, not in a thousand years. Especially after all this publicity.
I had a college roommate who was a former Green Beret.
His job was ‘destabilizing’ foreign governments.
He returned to the US to the first non-elected president in US history....
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