Please don’t take offense if you think I am not using “common sense” I am speaking in purely “hypothetical” sense here. My point is there is a potential Constitutional crisis in the making. I am trying to explore ALL scenarios. For example, assuming you are correct in stating that the electorate voted for a “ticket.” What if the ticket is invalid from the very beginning? Remember, Obama picked Biden to be his running mate. There was no primary process, no roll call of states, just Biden accepting Obama’s offer to be his running mate. If Obama is found not to be eligible to hold the office, how can he pick a running mate? It is very similar to the “fruits of the poisonous tree” concept. If the police perform an illegal search, anything that flows from the illegality is not admissable in a court of law. So, if Obama can’t legally hold the office, how can he legally tap Joe Biden to be his VP?
Obama initially picked Biden but he was confirmed by the party as their nominee at the convention.