Re: What happens if there is election fraud?
nimh wrote:...after Nixon was deposed Ford went on governing until the next regularly scheduled elections too, no? ...
Nixon wasn't exactly deposed, although that would've happened if he had stayed in power. Rather, he resigned, and the rule of succession went into effect (XXth Amendment to the US Constitution). Hence, Ford became President and, since Ford was not impeached or anything, did not resign and (of course) remained alive during the remainder of the second Nixon term, Ford stayed in and, as you know, ran for reelection. If he had won, under the XXIIth Amendment, he would have been eligible for that term but not another one, as I believe he hit the 2-year mark during his short tenure.
Here's the text of the XXIIth Amendment:
Quote:Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.
Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the Congress.
And here's the text of the XXth Amendment:
Quote:Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
Section. 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
Section. 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
Section. 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
Section. 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.
Section. 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.
It also appears that, under the XXth Amendment, Section 3, in the event of election fraud, "if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified." I'm not sure if this section would apply as it doesn't specifically refer to election fraud, but there also don't seem to be other definitions of a President elect who "shall have failed to qualify", unless you're talking about basic stuff such as having to be born in the US and be at least 35 years of age.
Hence, let's say there's election fraud and let's say the President-elect and the Vice President-elect are implicated. If that's the case, then it appears that Congress decides how a temporary President is selected. But it doesn't say anything about a new election, unless that's what's meant by ..."until a President or Vice President shall have qualified."
If there's election fraud and only the President-elect is implicated (highly unlikely that the VP-elect would not be implicated, but let's assume so for sake of argument), then it appears that the President-elect would be unqualified by the VP-elect would be qualified. Then, according to Section 3, the VP-elect acts as President until someone qualifies as President, and it appears that that person need not be the VP-elect.
Verrry interesting.
Stumble It!
Tweet This
Bookmark on Delicious
Share on Facebook
Share on MySpace