Per Congressman Billy Bob if he were declared inelgible before the Electoral College votes Dec. 15th, the electoral college could elect anybody they want. It would probably be
Hillary or Biden, it would not be McCain as most of the electors are Dems.
If it became known he was inelgible after he were sworn in and removed (Fat chance of our Congress doing that) Biden would become President.
I am not sure what would happen if the Supreme Court declared him inelgible after the Electoral College met but before he is sworn in.
What say you Billy Bob? I hope I got this right.
They'd most likely take orders from the DNC. The electors are party officials, and voters in each state elected electors of whichever party, as there is no direct presidential election in the US.
If after he's sworn in, then the Vice President moves up, same as if the President dies.
If the Supreme Court declared him ineligible, after 15 December, but before he's sworn in, there is no historical precedent to go by. Possibly, there too the Electors would be freed, and they would vote again.
John / Billybob
“Per Congressman Billy Bob if he were declared inelgible before the Electoral College votes Dec. 15th, the electoral college could elect anybody they want.”
I disagree - although CBB is the constitutional lawyer ...
Reason?
Fruit of the Poisonous Tree doctrine.
Just like a bad warrant tosses all evidence seized subsequent to it, so would Obama’s electoral votes be tossed.
The States would have to re-certify with new electors (without Obama’s).
People don’t seem to realize that there are MORE potential electors than a state has votes.
FOR EXAMPLE:
MD (where I live) there are 10 electoral votes ...
HOWEVER: Between the DEMS and GOP, there are 20 possible electors (20 different individuals).
Obama “won” MD, so HIS 10 electors are being certified.
However, IF he is ruled ineligible, THEN HIS electors will be ruled ineligible.
When MD re-certifies, they will base it on the popular vote (without Obama) and McCain’s electors will be certified.
Electoral voters CANNOT be certified by a state when the election was based upon the perpetration of a fraud ...
Since the electors were selected based on fraud (assuming Obama is ineligible) might the Electoral College need to be re-selected?
“...if he were declared inelgible before the Electoral College votes Dec. 15th, the electoral college could elect anybody they want...”
If Zero is an illegal candidate, then the electoral college electors selected because of the votes he got would be elected illegally and their votes in the electoral college would not count...IMHO