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To: Blogger

I agree. I’m going to do some more research in this cause Biden does not necesarilly step in either. I think it should default to the other party, but I am trying to find proof of that.

:) Since the DNC has basically defrauded the country, and the statutes on fraud do not expire, the entire nation should class action law suit against this fraud of a candidate.... Constitutional crisis.


9 posted on 11/26/2008 11:40:32 PM PST by television is just wrong (obama is going to pay my mortgage for me!)
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To: television is just wrong

Here is the answer, however if it is a case of defrauding the vote, I bet it would go to the SCOTUS.

Question:
What happens if a candidate dies or becomes incapacitated?

Answer:
If a candidate dies or becomes incapacitated between the general election and the meeting of electors, under federal law, the electors pledged to the deceased candidate may vote for the candidate of their choice at the meeting of electors. Individual states may pass laws on the subject, but no federal law proscribes how electors must vote when a candidate dies or becomes incapacitated. In 1872, when Horace Greeley passed away between election day and the meeting of electors, the electors who were slated to vote for Greeley voted for various candidates, including Greeley. The votes cast for Greeley were not counted due to a House resolution passed regarding the matter. See the full Electoral College vote counts for President and Vice President in the 1872 election.

As to a candidate who dies or becomes incapacitated between the meeting of electors and the counting of electoral votes in Congress, the Constitution is silent on whether this candidate meets the definition of “President elect” or “Vice President elect.” If the candidate with a majority of the electoral votes is considered “President elect,” even before the counting of electoral votes in Congress, Section 3 of the 20th Amendment applies. Section 3 of the 20th Amendment states that the Vice President elect will become President if the President elect dies or becomes incapacitated.

If a winning Presidential candidate dies or becomes incapacitated between the counting of electoral votes in Congress and the inauguration, the Vice President elect will become President, according to Section 3 of the 20th Amendment.

http://www.archives.gov/federal-register/electoral-college/previous_questions.html


14 posted on 11/26/2008 11:49:40 PM PST by Blogger
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