So the electoral college can choose anyone they want?

Deleted.

In addition, this is one of those things that practically defines the term “Constitutional Crisis” in our system: Just because our Constitution is largely written down (as compared to the UK’s) doesn’t mean everything is set down in writing. The idea of the Electoral College being a proxy for the popular vote (more or less) is so ingrained I doubt the system could survive a decision that disregarded that interpretation, regardless of what an absolutely strict reading of the text of the Constitution could support.

On the other hand, it does recognize a right of the people to vote in such elections. That right could be abridged by means other than a poll tax, but the default should probably be to assume that it’s not abridged.

[quote=“jtgain, post:13, topic:475712”]

Then McCain would be President.

[QUOTE]

No, Congress would just refuse to accept/Certifiy the count, and would send it back, by which time the old electors would be in jail (or at least not Electors) and ther’d be a new slate.

Sure, a Faithless Elector can usually get away with tossing off a protest vote as long as it doesn’t change anything.

On what do you base that scenario, DrDeth?

Which part? :confused:

Let’s start with where you said Congress would refuse to accept the count. Then you can move onto the Electors being in jail.