Unless some of the electors vote for Biden for President, he would not be under consideration. If all this comes to a head, and BO is found to be ineligible *before* the electors meet to cast their ballots, most "Obama" electors could vote for someone else rather than Biden. (provided there is some escape clause in most or all of the anti-unfaithful elector laws that around 24 states have, that could be utilized to not vote for an ineligible candidate.)If it happens after they cast their votes, and no electors vote for Biden for President, "just in case", then he could not be selected by the House when no eligible candidate gets a majority of the electoral votes. OTOH, one or a few electors, from states which do not restrict how the electors vote, could cast votes for say, Hillary, "just in case", and the House could then select her from the group of "top three electoral vote getters", even if she only got one vote. Biden would still be VP though.
Hmmm, now that is certainly an interesting point. It would be a throwback to the Founding when electors threw away votes as and attempt to make sure the VP candidate did not tie or beat the P candidate.
If in fact, this issue has any validity I would expect the electors to give some votes for Hillary as insurance against President McCain.
Hamilton did just that to make sure that Adams did not beat or tie Washington when they ran together. It was the beginning of the undying hatred Adams felt for Hamilton since he believed himself just as qualified, if not more so, as Washington.
These expedients worked until the election of 1800 when the non-specific tickets allowed Burr to have enough EVs to keep Jefferson from being named Presidents. It took 36 ballots in the House before Hamilton convinced an Elector from Maryland to not vote thereby handing the presidency to his deadly enemy, Jefferson. But he feared Burr more.
I think your reasoning about the electors is flawed - you are assuming that the electors that are currently scheduled to be in place would be the electors if Obama was DQ’d.
I disagree. It MAY have worked that way at the time the Constitution was ratified, but with the evolvement of “slates” of electors pledged to certain candidates has negated that method.
Therefore, if Obama is DQ’d, HIS electors would be DQ’d since (as a matter of logic) Obama was NEVER on the ballot in the first place.
McCain’s electors would then be certified and the Electoral College would proceed as normal.