That is correct, the EC hasn’t voted as of yet. But when they do and if the vote for the Democratic Ticket then we’ll have an President/VP-elect. Thus Biden will be vp elect and in line to act as President if Obama is out as failing to have qualified.
Then what are you going to do about the EC votes bound by state law to vote for the Democrat Ticket?...... They aren’t going to vote for McCain much less Barr which is the one I”m referring to in your original post as the person to become president..... [the Libetarian candiate, Barr, could be said to be the rightful president. ]
All of McCain’s would vote McCain. Apparently, what happens among states that don’t have a way to overrule their nominated electoral representatives, is anarchy:
“While not involving a “faithless elector” as such, there have been two instances in which a candidate died between the selection of the electors in November and the Electoral College vote in December. In the election of 1872, Democratic candidate Horace Greeley passed away before the meeting of the Electoral College; the electors who were to have voted for Greeley, finding themselves in a state of disarray, split their votes across several candidates, including three votes cast for the deceased Greeley.”
http://en.wikipedia.org/wiki/Electoral_College_(United_States)
I’d say that if a Sec. of State was found to have not followed his/her requirement of assuring the state voted on legitimate candidates, there could be a new vote called.
Just a thought.
They are bound to vote for the individuals on that ticket, which is not quite the same thing. I expect though that there are "outs" in those laws. For example, what if the person dies between the popular election and the EC vote? Must they vote for the dead guy? I doubt it. Or the person could have a stroke, be totally incapacitated, would they still have to vote for her? I would think that the wording of each particular state's laws would determine if they could vote for someone else should the candidate that they were pledged to be found to be ineligible.