Don't think so. The Constitution clearly states that the outgoing President's term ends at noon on January 20th. Unfortunately, my read of the Constitution, including the relevant amendments, indicates that Joe Biden would *act* as President, until a President shall have qualified. But due to the rules on who can qualify, I think it would be John McCain, since he is the only one to get any electoral votes for President, other than Obama.
That might not have been the "intended" result of the appropriate amendments, but it is what I believe the effect of them would be, if enforced as written.
You also wrote:
"Swearing in" does not make one President. You have to be qualified, win the majority of the electoral vote, take the oath, and wait until noon on January 20th following the elections. If you don't satisfy all of the above, you aren't President.
So then, according to you, McCain would be president even though he doesn't meet the "majority of the electoral vote" requirement which, also according to you, must be met to be president.
I disagree. Because of fraud, the current presidential term never began.We have no president,and have not had one since the so called "inauguration."
And the pretender's actions have verified this fact.
We would be back to Bush until a new election could be held ASAP.
All of the Obama laws and executove orders would be deemed null and void ab initio.