Slight correction. the VP *acts* as President, until the House gets around to selecting a real one, which might indeed be until 2012. However the VP in question would not be the "old" VP, but rather the "new" one, assuming he is qualified to be President.
It would really be better for all concerned it this is going to come out, it does so *before* the elector meets and cast their votes, even though that could result in a Dim President, either by a majority of the electors voting for him, or by them splitting their votes among multiple candidates, and the election being thrown into the House, which would very likely pick one of the Dems.
Yep - it’s the “NEW” VP, but only because Amendment 12 of the Constitution amended by the ratification of Amendment 20. Here’s Amendment 20, Section 3:
“If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.”
Note that this expressly provides that “if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified...” But if the President-elect can NEVER qualify, then it would appear that the Vice President-elect will fill out the term of the dis-qualified President-elect.
Yep, and I myself fell victim to failure to check out the amendments in one or two of my earlier posts on this thread, and I humbly correct myself herewith.