I don't think it's going to happen, but I find the scenario of a president-elect being declared ineligible fascinating, so I did some checking. Guess what? I still don't know what would happen for sure, but here's what I think would happen:
There would not be another general election. The electoral college would meet in December as prescribed by law. Some states have laws requiring electors to vote for the ELIGIBLE candidate that won that state's popular vote. The electors from those states that are pledged to McCain would HAVE to vote for McCain. The electors from the other states, and those pledged to Obama, would be free to vote for anyone they chose, even someone not on the ballot. ALL the electors are required by law to vote only for ELIGIBLE candidates, so they could not legally vote for Obama as some sort of protest.
It's not likely any elector pledged to Obama would vote for McCain. Besides, if Obama was declared ineligible, and a Republican came out on top, there would probably be civil unrest like we've never seen before, and rightfully so. Surely the Obama electors would vote for another Democrat. My guess would be either Joe Biden or Hillary Clinton. I think under the circumstances those would be the two safest choices that most people would accept.
If Obama is sworn in and is then declared ineligible, Biden becomes president. I think. :lol:
As I said, I never could find a real good answer, but from what I could piece together, that's what I think would happen. As a matter of fact, I think I'll send an email to one of the professors at the U of Illinois College of Law and see what they say. If I find out, I'll let you know.
There would not be another general election. The electoral college would meet in December as prescribed by law. Some states have laws requiring electors to vote for the ELIGIBLE candidate that won that state's popular vote. The electors from those states that are pledged to McCain would HAVE to vote for McCain. The electors from the other states, and those pledged to Obama, would be free to vote for anyone they chose, even someone not on the ballot. ALL the electors are required by law to vote only for ELIGIBLE candidates, so they could not legally vote for Obama as some sort of protest.
It's not likely any elector pledged to Obama would vote for McCain. Besides, if Obama was declared ineligible, and a Republican came out on top, there would probably be civil unrest like we've never seen before, and rightfully so. Surely the Obama electors would vote for another Democrat. My guess would be either Joe Biden or Hillary Clinton. I think under the circumstances those would be the two safest choices that most people would accept.
If Obama is sworn in and is then declared ineligible, Biden becomes president. I think. :lol:
As I said, I never could find a real good answer, but from what I could piece together, that's what I think would happen. As a matter of fact, I think I'll send an email to one of the professors at the U of Illinois College of Law and see what they say. If I find out, I'll let you know.