Theoretically, if it were to happen after the election (but before the Electoral College) her election could be invalidated.
In theory...if the election occurs....the electoral college electors (in the case of Hillary winning in this example) would have no choice but to show up and vote for her. I don’t think they’d have any choice.
But to add confusion to this scenario....knowing that no court action could possibly occur at this point before January of 2017 (my best guess)....then a conviction would occur after Feb 2017 at the earliest. In that case, she’d have to step down, and the VP simply assume the position with no Senate action (assuming the right charges are filed).
But let’s carry this to the other possible scenario....FBI hands material over and there’s plenty for charges, and the AG simply announces (only announces) that they will file and proceed to court. Would she simply step down, or continue on? Would the DNC meet and discuss this because they have no rules for it? Would they even be willing to discuss allowing Bernie to get the ‘nod’?
If you ask me....it’s fairly screwed up. Even if the AG refuses to put charges up...a President Trump could issue orders and proceed onto charges himself. Trump can even make the pledge in the middle of the debate with her in October....he’ll prosecute her once in office for criminal behavior as Sec of State.