When an Elector seeks to violate his/her pledge, the remaining Electors can choose anyone, including the Building Superintendent who is waxing the floor in the hall, swear that person in, and they can cast that vote.
The answer of what happens when a candidate is disqualified, is provided by Horace Greeley, who ran for President but died after the election, but before the Electoral College met. Greeley's Electors were then freed to vote as they chose. The same would happen to Obama's Electors if he were ruled ineligible to receive those votes.
This is the fourth thread on which I've given the Horace Greeley explanation. Doesn't anyone read te threads on FR? Sheesh.
Congressman Billybob
Latest article, "The Barack Obama - King George Connection"
The Declaration, the Constitution, parts of the Federalist, and America's Owner's Manual, here.
There are A LOT of threads, especially on this subject. Easy to miss a few, or some posts in several of them.
There are A LOT of threads, especially on this subject. Easy to miss a few, or some posts in several of them.
As of today, the attempt of any Elector to vote differently than as pledged constitutes an automatic resignation (almost all states). In most states, this attempt is also a felony.How would an automatic resignation from a Constitutional office be considered Constitutional? Put another way, how can a state law force someone in a Constitutional office to resign?
Punishment after the fact might work but it has never been tested.
These laws sound impressive but aren't likely to stand up in court.