“Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.”
So that means that Biden would ACT as President “until a President shall have qualified.”
So does that mean that the Congress will then get to pick who shall ACT as a President, or pick a President, or pick a process by which a President is chosen?
I believe the intent of that is if there is no clear winner in the Electoral College and Congress is deadlocked on deciding a winner. Assuming Obama wins the election, then a president would have been chosen by the electoral college. If Obama is then found ineligible then I think it would be treated the same as if he had died, and Biden would become President.
It’s been a long time since I studied this, but if my memory is right, here is how I interpreted the scenario which I tthink was based on what do do when the vote is a tie? The vote is determined by the Electoral College, but with each state getting one vote. There is not a formula based on the state’s population and each state has the same vote. If that were the scenario, Red wins.