“One might assume that it would pass to Biden but that cannot be so and IMHO, McCain would have to be declared the winner.”
Nahh. The election would become null and void and a new election would need to be scheduled. Since Bush’s term would be over, the Speaker of the House would probably assume the role until a new election is held.
How does President Pelosi sound?
My question becomes, if this is the case, would the entire election become null? Senators, Congress and ballot issues? One can se the anti-prop 8 loonies crying for this.
IMHO, Obama will someday be called "The Illegitimate President".
Drop the birth certificate cases - now!
Hey, maybe Prop 8 loonies supporting this might be our saving grace.
They'd be the ONLY Democrats wanting a do-over. As for me, I'd love a new election across the board after it's known far and wide that the Democratic party just tried to install a foreigner in the Oval Office. Sadly, a significant percentage of Democrats just wouldn't care, but enough would care to turn it into a GOP landslide.
All that said, it ain't gonna happen. I can't imagine how anything other than the presidential election would be affected.
MM (in TX)
“One can se the anti-prop 8 loonies crying for this.”
How would this effect Prop. 8? There is no Constitutional crisis. There are current modes to cure this. It wouls certainly end up with the Supremes. IMHO!
If the SC DQ’s Obama before the EC vote, McCain wins the Presidency since he had the next most votes. It’s as though Obama never ran.
http://www.rallycongress.com/constitutional-qualification/1244
There are no provisions within the Constitution for a new election. It requires that should the president elect be ineligible the House must choose between the top three EV getters. There are only McCain and BO so McCain gets the job with Biden as VP. There is no escape from the Constitution. It is either obey it or ignore it. Even Democrats might pause at the latter choice.
I disagree to the “do over”. The DNC (aka Howard Dean)knowingly put up an ineligible candidate, and thus, lose by forfeit. “Game, Set, Match” to McCain.