Even if they accept it Dec. 12, there certainly won’t be any headway by Dec. 15. The electors’ votes will be cast for Obama and Biden, and that means Biden would be sworn in as president if Barack Obama were found unqualified, yes?
Even if they accept it Dec. 12, there certainly won’t be any headway by Dec. 15. The electors’ votes will be cast for Obama and Biden, and that means Biden would be sworn in as president if Barack Obama were found unqualified, yes?
***
NOT necessarily ...
Assuming Obama was DQ’d, it ALSO depends on WHEN he was DQ’d.
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 BEFORE the Electoral Vote count on 06 January - what would happen? ANY NUMBER OF THINGS ...
THIS could happen:
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. THIS IS AN UNLIKELY SCENARIO.
OR THIS could happen:
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. THIS IS THE MOST LIKELY SCENARIO.
OR THIS could happen:
3. SCOTUS orders a new election. THIS IS NOT IN THE CONSTITUTION - IT WOULD BE “EXTRA CONSTITUTIONAL”. THIS IS AN UNLIKELY SCENARIO.
THE LIKELYHOOD, IF OBAMA WERE DQ’D IS 2, THEN 3, THEN 1, ABOVE.
IF Obama was DQ’d AFTER the Electoral College vote on 06 January:
Per the 20th Amendment, the VP-Elect will become “acting” President on 20 January until a new President has qualified ...
How does the new President qualify? Presumably, SCOTUS rules the Electoral College vote invalid and throws it to the House of Representatives and the Senate, as in #2, above. Or, SCOTUS orders a new election.
IF Obama was DQ’d AFTER Inauguration, he MIGHT be declared NOT to have held the office in the first place - due to his ineligibility. IN THAT CASE, REFER TO 1, 2, AND 3, ABOVE ...
OTHERWISE:
Obama would have to be impeached, Biden would be President - AT LEAST INITIALLY under the 25th Amendment, Biden would nominate a new VP. Senate would confirm. Or SCOTUS could order a new election.
SIMPLE, HUH?
If the Court accepts Cort’s application for stay, then the Court would (I guess, but not sure) put a stay on the meeting of the Electoral College until this is resolved. Just don’t know. That is why I rely on what Leo and Cort say and not what the Media says.
According to the 12th Amendment there are TWO separate candiate lists and separate votes--one for president the other for vice-president. Biden has been nominated for Vice-President and, it would seem to me, to have to remain on that list. If Obama is shown to be ineligible, then his name comes off the presidential candidate "list."
Can nominations be reopened after the panel of candidates are drawn up?
No. the Constitution provides separate votes for President and Vice President. See Amendment 12. If no (eligible) candidate gets a votes from a majority of the total number of electors, then the election is thrown into the House (it's happened before, under slightly different rules). They vote, with each state delegation having only one vote, on who should be President, but they may only select from the top 3 (eligible) persons who got electoral votes. If there are no "unfaithful" electors who vote for someone other than Obama or McCain, then they would seem to be required to pick McCain. However I expect that there will be at least one unfaithful elector, and thus at least one other Dem candidate, "just in case". Then the House could pick that person or from among those people (presumably not more than 2 others, since it would be hard to imagine that any of them would exceed McCain's electoral vote count.)