Fruit of a tainted tree. The election was for a ticket (Obama and Biden) that was not a legal ticket.
So the “remidies” fall into three categories:
1) Vote stands as is and Biden takes over as VP (in my opinion the most likely scenario)
2) Votes for Obama / Biden are ruled as fraudulent and therefor are thrown out. That would make McCain/Palin the winner of the election (unlikely scenario)
3) Entire election is thrown out and we have Pelosi as temp President until a new election can be held (least likely scenario, but one that would play into Palin’s election chances)
I have no clue, but wouldn’t the Congress be the likely bunch to decide it?
And if so...they’d probably pick Biden.
There is no such thing as "votes for Obama/Biden". There were votes for Obama as President. There were votes for Biden as Vice President. End of discussion, even if the idiotic Birther conspiracy theory had any validity to begin with.