California Voter Wants Court to Declare McCain Ineligible

On March 6, a California voter filed a lawsuit, asking that a federal judge declare that Senator John McCain cannot hold the office of president. Inland Empire Voters and Andrew Aames v USA, 5:2008-cv-304. It was assigned to U.S. District Court Judge Stephen G. Larson in Riverside.

The defendants include the Office of the Federal Register and the Inaugural Committee.

In the opinion of Ballot Access News, no court would be able to entertain such a lawsuit, even if John McCain won a majority in the electoral college. Article II gives Congress the power to count the electoral votes that are cast in December. Electoral votes for John McCain could be challenged by any U.S. Senator, just as U.S. Senator Barbara Boxer challenged the Ohio electoral votes in January 2005. Congress, not any court, would then decide whether to count electoral votes for McCain. Similarly, Congress, not any court, decides who has been validly elected to Congress.