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To: bgill
There is another course. Presidents and VPs are elected on the same ticket. If one party is determined ineligible, then that voids the entire ticket. If the elector submits in ineligible vote, then he wasted it. They, imo, have no other option than to go back to the general election to see what "eligible" ticket recieved the most votes. The ticket recieving the most votes after McCain/Palin was Nader/Gonzales but iirc, Gonzales doesn't meet the NBC (two US citizen parents) requirement. Next down the list was Barr/Root.

The votes that count under the twelfth amendment are those that come from the votes that are "transmitted and sealed" to the Congress which are votes of the designated electors. No one got "votes" as defined for President except John and Zero.

There is not authority for the proposition that a vote for an ineligible person voids the ballot and I tend to think that the Court would laugh at that argument--it isn't going to come down that way. That argument doesn't make any sense.

As to the "two parent argument", that is just another variation of the Vattel argument which has been eliminated by adoption of the 14th Amendment. I never heard of Gonzales; he didn't get any electoral votes; but if he had; and if he was born in the USA; he wins.

55 posted on 02/12/2011 6:28:18 PM PST by David (...)
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To: David; bushpilot1; rxsid; Red Steel

I admit (and it’s obvious) that I am no lawyer. But after reading some of the valiant research by various freepers including but not limited to bushpilot1, rxsid, Red Steel (and others) it is clear to me that the founders entirely intended Natural Born Citizen to mean someone born on US soil from parents who were citizens.

Why are you so quick to dismiss the two parents?


60 posted on 02/12/2011 7:14:09 PM PST by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point. CSLewis)
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To: David
No one got "votes" as defined for President except John and Zero.

Which is why I said that since both weren't eligible, the electors should go back to the general election and determine which ticket met the requirements.

77 posted on 02/13/2011 7:54:39 AM PST by bgill (Kenyan Parliament - how could a man born in Kenya who is not even a native American become the POTUS)
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