Absolutely false. They have to pick from the top 3 remaining.....and the implication is the top 3 who actually received Electoral votes, but only McCain (other than Obama) actually won ellectoral votes. Therefore: McCain, with Biden as VP, would be the only possible outcome.
Congress received certified EV from the states. If those for Zero are nullified for being cast for an ineligible candidate the state does not get a do over. Congress must choose from 3 candidates who have received certified EV and that would be McCain, McCain or McCain since he is the only one to have received EV.
Our Founders did not anticipate mass national parties taking control of the process which limits the number of candidates who actually receive EV.
“The slate of electors could vote for whomever they wish. Enter Hillary stage right.”
Here are the most likely scenarios:
1. Pre-Electoral College
2. Post-Electoral College, Pre-Inauguration
3. Post-Inauguration
Per the Constitution, each Elector is technically able to cast a vote for anyone they want.
However, under the current system, 24 states have “faithless elector” laws that punish electors for NOT voting for whom they have pledged and SCOTUS has ruled these laws to be legal ... at least on the first ballot.
IMPORTANT POINT: There are 538 + 538 = 1076 possible electors (counting ONLY DEM and GOP in this exercise - there are actually many more).
Obama currently leads something like 350-188. However, if anyone’s electors are DQ’d, they are replaced with the runner-up’s electors.
1. Presumbaly, if SCOTUS DQ’d Obama prior to the Electoral College, his slate of electors would be DQ’d and replaced with the slate of the runner-up (McCain). McCain would be POTUS. (Constitution - Article II, Section 1, Paragraph 3).
SCOTUS would then have to rule if Biden’s electors (the same ones that were DQ’d for Obama) were qualified. They MIGHT do that. If so, Biden would LIKELY be VP. This MIGHT play out since POTUS and VP are voted separately and Biden is qualified to hold office (Constitution - 12th Amendment).
If not, Biden’s electors would be DQ’d (like Obama’s), his slate of electors would be DQ’d and replaced with the slate of the runner-up (Palin). Palin would be VP.
Or, SCOTUS could order a new election.
2. Presumably, if Obama was DQ’d AFTER the Electoral College, Biden would become POTUS-Elect and remain so until a qualifed POTUS could be chosen. If Jan. 20th came and went. Biden would be POTUS - at least for a while. (Constitution - 20th Amendment).
If SCOTUS ruled that the election was null and void, based upon a perpetration of a fraud, scenario #1 (above) would likely come into play.
Or a new election could be ordered.
3. If Obama was sworn in, and then DQ’d, Biden would become POTUS, at least for a while. He would then install his own VP, with Senate confirmation, of course. (Constitution - 25th Amendment).
However, if SCOTUS ruled the election null and void, scenario #1 COULD come into play again.
Or a new election could be ordered.
AND, lets NOT forget Hillary ... She MIGHT be able to get a new election ordered at any time in this process - claiming that her 14th Amendment rights were violated on the basis of fraud. She WOULD have been the DEM nominee, if not for Obama. However, I don’t think this bucket holds water.
The Electors can only vote among the ‘Eligible’ candidates. IF Obama becomes ineligible, McCain or abstain are their two choices for President.
Abstaining by Democrats leaves McCain short of 270 votes needed to win, so then the House votes on the President. I would think either course would produce McCain as President.
But the Electors would probably want to avoid the burden of deciding; passing the buck to Congress for more apparent legitimacy for the process.
The VP slot is already won by Biden, so I think he stays.
I don’t believe that the House could vote for a candidate that was not on the Presidential election ballot; thus leaving Hillary on the outside.
If Hillary was selected anyway, then a Supreme Court lawsuit (by McCain) would probably approve or overule the decision of the Congress. However if McCain IS selected Hillary would probably sue for the Supremes to rule also.
These are my predictions! LOL.
“...Enter Hillary stage right....”
She would NEVER enter stage RIGHT.