Re: “Alan Keyes says he is still running for president. Maybe he would join Berg’s lawsuit.”
Well, Alan (or his party) tried that - against McCain - in California. The judge tossed that case too. See http://docs.justia.com/cases/federal/district-courts/california/candce/3:2008cv03836/206145/39/0.pdf.
In short, the Robinson judge said: “Turning to the viability of the case at large, plaintiff has no standing to challenge Senator McCain’s qualifications. Plaintiff is a mere candidate hoping to become a California elector pledged to an obscure third-party candidate whose presidential prospects are theoretical at best. Plaintiff has, therefore, no greater stake in the matter than a taxpayer or voter.”
The judge then went on to explain the “proper” method for challenging the qualifications of a Presidential Candidate, pursuant to Constitution, Article 2, 3 U.S.C. 15, and Amendment 20 (See Opinion at 3-4).
The court concludes:
“It is clear that mechanisms exist under the Twelfth Amendment and 3 U.S.C. 15 for any challenge to any candidate to be ventilated when electoral votes are counted, and that the Twentieth Amendment provides guidance regarding how to proceed if a president elect shall have failed to qualify. Issues regarding qualifications for president are quintessentially suited to the foregoing process. Arguments concerning qualifications or lack thereof can be laid before the voting public before the election and, once the election is over, can be raised as objections as the electoral votes are counted in Congress. The members of the Senate and the House of Representatives are well qualified to adjudicate any objections to ballots for allegedly unqualified candidates. Therefore, this order holds that the challenge presented by plaintiff is committed under the Constitution to the electors and the legislative branch, at least in the first instance. Judicial review — if any — should occur only after the electoral and Congressional processes have run their course.”
So — should be an interesting December.