http://papers.ssrn.com/sol3/papers.c...act_id=1157621
For what little it is worth, I think that if the courts were to ever prevent John McCain from being sworn in as President based on this hyper-technicality, it would be horrible. Which does not stop the question from being interesting. But it represents one of those areas where ivory-tower academic law needs to differ from the real world.
Eight years after
Bush v. Gore, you simply cannot have the Supreme Court taking center stage in another presidental election.