First, we have no “President Elect” yet.
Second, McCain will wind up being the “qualified” person if Obama loses and if the required 270 electoral votes minimum go to him when the College meets. If it doesn’t get figured out by then, then its possible Democrats are elected and Obama isn’t President Elect and Biden becomes the temporary president until Congress can figure out who should be President.
That is correct, the EC hasn’t voted as of yet. But when they do and if the vote for the Democratic Ticket then we’ll have an President/VP-elect. Thus Biden will be vp elect and in line to act as President if Obama is out as failing to have qualified.
Then what are you going to do about the EC votes bound by state law to vote for the Democrat Ticket?...... They aren’t going to vote for McCain much less Barr which is the one I”m referring to in your original post as the person to become president..... [the Libetarian candiate, Barr, could be said to be the rightful president. ]
First, we have no “President Elect” yet.
On that we agree...... But Barr is where you and I have very differing opinions. I don’t think he’ll ever be in the mix even if Obama is found not qualified prior to Dec. 15.
If we get beyond Dec. 15, which is the EC vote day then we’ll have a President/VP elect. At that stage I think the Constitution will come into play, maybe Sec. 3, or Congress making the choice by states.
The constitution (12th Amendment) seems to indicate that if the majority candidate were found ineligible, a majority for any candidate would not be found (unless they all voted, or a significant number of Obama delegates voted for McCain.).
It would then be thrown to the House of Representatives who would have to choose between the 3 next closest candidates (McCain, Barr, Nader).
BUT I’m not sure what would prevent the Congress from meeting and voting to change the definition in law of “natural born citizen” slightly (overlooking Stanley Dunham’s minority status, for example), and thus making Obama eligible. But this assumes that Obama finally makes his BC available, which he might not do. For reasons we may not understand.