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L.C.E.C. said:Actuall, as I said before, The Democrats would be able to pick. Why? because Obama has only been projected to win the electoral college. The electoral college votes in January...which we all know has a 99.9% chance that the vote will result in Obama's favor. If this is suit is settled BEFORE his actual swearing-in, then the Democrats will get to pick, which will MOST LIKELY be Joe Biden. Now, if this matter is settled AFTER his swearing-in, then Biden will become president, no questions asked.

The EC votes in December. I believe it is the 15th this year. Anyways, the Democrats do not simply get to select a new president at their whim. The electors are bound by law in over half the states to vote for the candidate they pledged. This would prohibit the Democrats from choosing a new president. Because Biden is qualified, he would recieve all the votes pledged to him for the vice presidency. As pursuant to the 20th Amendment, Biden would then become president.