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McCain would become President if Obama is DQ’d by the SC before the EC votes. You can’t enter a ticket, have it DQ’d, and then just say “oh hey, let’s add another candidate.”

That’s not what the US Constitution stipulates.

“The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;

...

The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President.”

12th Amendment

If Obama is not elected, and no one else has a majority of the electoral votes, McCain would not have a majority of the electoral votes and the election would go to the House. Probably, if Obama is disqualified before the electors vote, then the Democrats would agree to vote for Hillary or Biden (or some other Democrat) for president. There is no Constitutional requirement they vote for a candidate on the ballot of the popular election.

http://www.usconstitution.net/xconst.html

Yes, if it goes to The House, they would only have McCain to vote on since he’s the only other candidate to receive Electoral votes. And the Reps from each State would count as 1 voting block (resulting in 1 vote per each State).

http://www.rallycongress.com/constitutional-qualification/1244

Good points. If the electors were what voters voted for, then the electors can still vote and name someone else as President if they want. However, I am not sure that this is how electors are chosen. Do state laws give their electors to the eligible candidate with the most votes, or do voters vote directly for an elector? Because if the Obama votes are thrown out, McCain wins every state--unless we vote for the electors directly, and not for Obama or McCain.

Which is it?