OK, not to belabor a point, I was conceding to you that the votes were one-for-one. If you remember last night (this morning) you took me to task for my position in saying there was no way you could determine how many votes were for Obama and how many votes were for Biden. If I remember correctly you words were “Use some common sense”
I say this not to argue, but to accept your premise and move on.
If Obama is found not to be qualified, then the highest OVERALL vote getter wold be Biden. In keeping with Article 2, he would be the President. Again, accepting your premise, EITHER McCain or Palin could be VP since they both received an equal number of votes.
If you read Article 2, it states the person with the highest number of votes would be named president. It doesn’t differentiate the office. So if Obama isn’t qualified, the person with the greatest number of votes WOULD be Biden.
Thoughts?
I'm still leaning toward Biden being acting Pres until a President qualifies. And it's because he didn't run as a Presidential nominee
We have so changed "original intent" with passing things that were never intended that I don't see a clear path. The general public was never meant to vote. We were to vote for electors and they would vote for President. The second runner up was VP. It changed in 1804 I think. That compares in no way with how things are done now. It almost becomes a guessing game of "What would the Founders do?"
If I was testy last night I apologise. I was overly tired and should not have been posting.
Offduty -
You are forgetting the 12th Amendment ... It separates votes for POTUS and VP. I think a “ticket” now means 1 vote for POTUS, 1 for VP.
Biden did not file POTUS papers at the FEC and the States - he filed VP papers ...