Who: the special Joint Session of Congress, which will convene for the purpose of counting the electoral votes.
When: January 5, 2009, at 10 AM.
Jim, I think you may have a typo with your Jan 5 date, you may have been thinking of Dec 5.
The solution this author predicts requires that the language of the 12 amendment be applied to cases where the leading candidate is found unqualified. The 12th only addresses instances where any one candidate fails to obtain a majority of the votes. That is not the case, of course, where the leading candidate is found to be unqualified and, thus, the 12th is not applicable.
The 20th amendment is the first to address disqualification. It provides that the VP “act” as Pres until a Pres shall be qualified.
Jay1949: If you believe as many of us do that there is substantial circumstantial evidence that O is not natural born, I invite you to take a look at the draft on my About page. Then, I ask you to consider putting something like it on your blog for your readers to consider.
STAND UP AMERICA! The presidential election is not over!
We voted for electors, not the individual candidates. The electors vote on or after December 15, 2009. The results are then presented to a joint session of Congress and objections may be heard on January 8, 2009 pursuant to the 20th amendment and Public Law 110-430. See the letter on my About page hand-delivered to the local offices of my Republican Senators and Representatives. I urge you to take similar action, even if it is simply faxing a one page letter to Washington, D.C.
It's been changed to January 9 for 2009 only.