If Phil Berg's lawsuit is proven valid AFTER Obama is official DNC nominee, would Biden take Obama's place? ?

Question

What I want to know is if a VP candidate automatically becomes the pres candidate if a pres candidate withdraws for some reason, or if the party chooses someone else

Answer 1

It would be up to the executive committee of each party DNC or RNC who runs if the nominee for some reason cannot continue. Each state party leader would have input or a vote.

As for the Berg lawsuit my research tells me there may be some merit to this but lets leave it out of the news and in the courts for a decision.

Answer 2

We should include UFO's and Bigfoot in this conversation if we're going to really make it credible.

Answer 3

Phil Berg's lawsuit is going to be laughed out of court.

Edit: Oh, than no, Biden will not automatically take his place. The party leaders would get together and hold an emergency closed caucus and basically pick someone else to head up the ticket. If that were to happen, 99% chance it would be Clinton.

Answer 4

I think it would typically go to the runner up but after the convention I am not sure if they would let Hillary take Obama's place with Biden as her running mate or if Biden would pick up the ticket and pick his own.

The biggest problem right now is for the DNC. They are between a rock and a hard place. Lawsuits take a while and the DNC has to decide if they want to stick it out with Obama with the possibility that he would be found unfit to run or if they want to dump him now and get a new candidate.  

Here is the site with the actual complaint should anyone want to see it.

http://freerepublic.com/focus/f-news/206...

Answer 5

You are kidding, right?

Let's say Berg had a real case, a valid case... a candidate of a major party would have a great argument (and a correct argument) that he could not realistically prepare a defense to those type of charges given what he is currently doing... he would have a serious argument that this type of law suit would purposely be diverting him and even the nation from the domestic scene of a presidential campaign.  He would have the right to have the court determine who the plaintiff was funded by and this in itself would take a year to definitively ascertain.

This kind of suit could easily be stone walled and I would welcome it... this is a suit from a crazy person and making a presidential campaign a circus does not do anything for the nation.

Answer 6

"Proven valid"... Berg probably doesn't even have the standing to get into court on the claim.  

He's an obvious publicity hunter.  His previous scam was a suit over the 9/11 Commission report.  

Answer 7

Good question.  Nobody knows because this has never happened before.

Berg's suit is very interesting.

The lawsuit of course is covered by US Constitutional law. There is a serious question involved over whether or not Obama is qualified to be president under Article II, Section 1, paragraph 5, requiring that a person be "a natural born citizen."

Should the court rule that there is sufficient evidence to show that Obama does not meet that requirement, the Democratic party would have to decide how to deal with the problem.

US Courts have consistently rules that political parties are private organizations and therefore are not covered under civil code.

They are free to make their own rules and regulations and settle their disputes on their own terms.

If I had to guess, a crisis if this magnitude would likely be handled by the elected State Party Chairman and Committeemen from the 50 States, DC and territories, who usually meet several times a year.

The logistics of holding a new convention (a hall, hotel rooms,etc.) would be impossible.

IMHO it would be easier for the party as a whole to accept a new candidate selected by the elected party leaders than to just go with the VP picked by a discredited presidential candidate.

What a mess the entire thing would be!!!!