To all those that think mccain becomes president BIDEN becomes ACTTING President until a valid candidate can be selected by the CONGRESS.
There is actually provision in there for someone who pulls something like this. The fact is Howard Dean was to verify this guy was elligible to run. Its the responsiblity of the party.
I have very mixed feelings because if the court invalidates this guy its going to be a blood bath.
You are correct.
Section 3 of the 20th Amendment States:
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...”
This amendment is conceding to the possibility of a candidate making it as far as being President Elect and THEN being deemed unqualified.
Seems pretty outrageous that there is a provision for this, especially since there are only three requirements to be considered qualified.
This might be a place for one of them renegade commas. But I think I get your point. McCain can only become President if enough Electors switch (but that is true for Mickey Mouse as well, and I dare anyone to challenge his natural born American status) or if it falls to the House, where the House members would have to vote for McCain or nobody (assuming nobody but Obama and McCain get EVs). If there is no qualified President-elect to take office, the VP-elect becomes Acting President - not President, but Acting President - until a President qualifies. Assuming that there is one or more Faithless Electors, whomever they cast their vote for also makes the House's short list (up to three total). It has to be someone that received an EV, though.