“If it occurs before the electoral college vote, the EC votes (usually on the three remaining candidates.) There might be an organized effort to get them to select Hillary.
If it occurs after the EC votes, then Congress has a go. If they do not select one, or or it decided he is ineligible before Jan 20, then the House (1 vote per state) decides the President and the Senate decides VP.
If, after Jan 20, he is ineligible, his VP takes over.
There would be no new election.”
READ the 12th Amendment AND the 20th Amendment ...
IF Obama is ruled ineligible BEFORE the EC - his CURRENT 365 votes WOULD NOT count.
In that case, the House of Representatives votes from a list OF NO MORE THAN 3 other candidates who received electoral votes. They vote as a State delegation (1 State, 1 vote).
In THIS case, OTHER THAN OBAMA, ONLY MCCAIN received electoral votes. They CANNOT “add” candidates to the list.
PER THE CONSTITUTION, THEY CANNOT VOTE FOR ANY OTHER CANDIDATE - THUS MCCAIN WINS 50-0.
IF BIDEN’S 365 votes are deemed tainted, the Senate will vote from the top 2 candidates who received votes for VP (Biden and Palin). It is a straight majority vote and would probably something like 58-42 for Biden.
IF Obama is ruled ineligible AFTER the EC, Biden would be “acting” POTUS on 20 Jan, IF A NEW POTUS SHALL NOT HAVE QUALIFIED BY THEN.
THEN, the House, and possibly the Senate, would have to meet and vote (as described above).
IF Obama is found ineligible AFTER swearing in ... WHO KNOWS? He would EITHER have to be impeached OR he would be ruled NOT to have been POTUS in the first place.
IN EITHER CASE, BIDEN WOULD BE POTUS. PER THE 25TH AMENDMENT - AT LEAST TEMPORARILY ...
HOWEVER, since the election was based on the perpetration of a fraud, SCOTUS MIGHT order the EC results null and void - and send it back to the House (and possibly the Senate) as described above ...
If it is found that Obama is a fraud, that his placement on the ballot is fraudulent — would not then Biden’s “votes” be rejected, since no one voted separately for Biden, rather every vote was for the pair Obama-Biden?
“IF Obama is ruled ineligible BEFORE the EC - his CURRENT 365 votes WOULD NOT count.”
But as has been pointed out repeatedly, electors are free to cast their votes any way they wish so long as there is no state law prohibiting faithless electors (I don’t know how many states have such restrictions). So if EC knew Obama was not constitutionally qualified, doesn’t it stand to reason they would cast most of their votes for Biden? IF they voted for Obama, I concur that in tallying the Electoral Vote, the Obama votes could be set aside. But I see no rational reason an Obama elector would knowingly squander their vote in this fashion. After all, if enough wasted their votes for Obama (in a show of unity?), then this risks McCain being elected by a plurality of the remaining electoral votes etc.
Biden and Palin recieved votes and would thus be eligible for the Electoral College.