I have heard it both ways, but I’ve heard more of that the entire ticket (Obama AND Biden) are disqualified. Thus, McCain is elected.
http://www.rallycongress.com/constitutional-qualification/1244
The 12th Amendment was written in response to a major problem encountered in the 1800 election. The Constitution (Article II, Section 1) originally stipulated that each of the electors would vote for two people for President, and the VP would be the recipient of the second-highest amount of electoral votes for President. In 1800 there was a tie, and it took 36 votes to finally elect Jefferson as President.
With the 12th, Electors are directed to vote for a President and for a Vice President rather than for two choices for President.
As two separate offices, the disqualification of either the President or Vice President doesn't affect the other.
So, no, the "entire ticket" is not disqualified.
Thanks, that’s what H.L. said too. The whole ticket is disqualified.
I’m sorry I didn’t make that clear. The dim party itself is disqualified. ;-)
But then post 52, Doug Loss, said something different.
So, I have no legal idea.
But then again, we have never been to this point before either.