It wouldn't. Although the VP slot would. The electoral college could pick another Dem. If it was after they voted, and at least one Dem elector was "Unfaithful", and voted for some Dem other than Obama (Just in case you understand), then the House could pick that other Dem. Only if there were no unfaithful electors, would the House have no choice....to elect McCain. They must pick from the top three electoral vote getters you see. It's all there in the Constitution for those who choose to read it.
I do not understand how it automatically goes to Biden.
It wouldn’t. Although the VP slot would. The electoral college could pick another Dem. If it was after they voted, and at least one Dem elector was “Unfaithful”, and voted for some Dem other than Obama (Just in case you understand), then the House could pick that other Dem. Only if there were no unfaithful electors, would the House have no choice....to elect McCain. They must pick from the top three electoral vote getters you see. It’s all there in the Constitution for those who choose to read it.
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This IS NOT as cut and dried as you think ...
FIRST - a Primer
There are 538 Electors in the Electoral College. However, there are MORE than 538 POSSIBLE Electors during the General Election.
FOR THE SAKE OF ARGUMENT, LET US SUPPOSE THAT ONLY MCCAIN AND OBAMA WERE RUNNING FOR POTUS ...
McCain had 538 Electors pledged to him, if elected and Obama had 538 Electors. THESE WERE DIFFERENT INDIVIDUALS. Therefore, there were 1076 POSSIBLE Electors.
As currently stands, Obama will win in the Electoral College 365-173, assuming everyone votes as they have pledged.
NOW:
HERE IS WHERE IT GETS MESSY ...
Suppose Obama was DQ’d by SCOTUS - what would happen? ANY NUMBER OF THINGS ...
1. IN ALL STATES, if a candidate is DQ’d, they remove him from the ballot results - AS IF HE HAD NEVER BEEN ON THE BALLOT.
Therefore, through the “Fruit of the Poisonous Tree” doctrine, HIS Electors would be removed from the Electoral College AND the runner-up’s Electors would be installed.
In this case, McCain would then win 538-0, assuming the Electors voted as they had pledged.
What about Biden? WHO KNOWS?
Biden could make a claim that he was validly elected and IF SCOTUS ruled so, then he would be elected VP 365-173, assuming the Electors voted as they had pledged.
In this case, Obama/Biden Electors WHO WERE NOT ALLOWED to vote for Obama WOULD be allowed to vote for Biden.
McCain’s additional Electors who voted for POTUS would sit the VP vote out.
However, OTOH, if Biden was DQ’d by SCOTUS because he ran as a TICKET with Obama, McCain’s additional Electors WOULD vote for VP (Obama/Biden’s WOULD NOT vote) and Palin would be VP 538-0.
CONFUSING? - YOU BETCHA!!!
BTW: THIS IS NOT IN THE CONSTITUTION - IT WOULD BE “EXTRA CONSTITUTIONAL” ORDERED BY SCOTUS. BUT, IT WOULD ELIMINATE AN ELECTION THAT WAS BASD UPON THE PERPETRATION OF A FRAUD.
OR:
2. If Obama was DQ’d, SCOTUS could eliminate the Electoral College vote for this election - since it was tainted. The vote would then go to the House of Representatives for POTUS. This is per the 12th Amendment AND IS CONSTITUTIONAL.
The House then votes as State delegations (1 state, 1 vote), and a simple majority wins.
HOWEVER, per the 12th Amendment, the House can ONLY VOTE FROM A LIST OF NO MORE THAN 3 candidates who received electoral votes. McCain is the ONLY one on the list. McCain wins 50-0.
As for VP:
The Senate votes for VP (1 Senator, 1 vote), and a simple majority wins. This is per the 12th Amendment AND IS CONSTITUTIONAL.
The Senate votes from a list of the 2 top candidates (Biden and Palin) who received electoral votes. Biden wins something like 58-42.
OR:
3. SCOTUS orders a new election. THIS IS NOT IN THE CONSTITUTION - IT WOULD BE “EXTRA CONSTITUTIONAL”.