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I think they are probably right, unfortunately.

Here is some text from the 20th amendment to the constitution:

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.

This text suggests that the qualification to be President is applied after the election, not before. It also suggests that you can elect someone who isn't qualified, and if you do the VP becomes president.

Now, I think we could argue that "qualified" here is not regarding the legal requirements for the office, but means "qualified" by getting enough electors, or by being chosen by the house if there aren't a majority of electoral votes. But it seems to be more general to me.

The key though is that there is this lawsuit, and it hasn't been dismissed. It means that we can all bring up this lawsuit, and note that if you vote for Obama, you might well end up with Biden as President since there is a good chance Obama might be found "not qualified" after the election.

In other words, we can use it to stir up doubts about WHO you are electing. A person who might throw his vote away for the "black guy" might think twice if he realises there's a good chance he's voting for Biden over McCain.

Above I mentioned that Eldridge Cleaver was taken off the California ballot and maybe some other states ballots because he was under 35. That was an easy call for the SoS. He was also a politically unpopular fellow. An elector took his place on the Peace and Freedom slate, and the VP candidate, a woman, was still allowed to run because she apparently eligible.

I think the highest levels of the Democrats party are trying to sneak Obama through and will fight to see him get elected no matter what it takes.

“This text suggests that the qualification to be President is applied after the election, not before. It also suggests that you can elect someone who isn’t qualified, and if you do the VP becomes president.”

Remember when Obama ‘slipped’ and introduced Joe Biden as the next President of the united States?

Interesting!

STE=Q