If you are correct, Keyes had a BETTER chance of winning, since he could have made his case to the voters that Obama wasn’t legally qualified. With no Democrat contender, maybe Keyes would have done better.
But he didn’t make his case to the voters. THAT is where the decision is to be made, not the courts.
Keyes’ case isn’t about winning an election. It’s about having the chance for a lawful election. He has the same right to petition for a lawful election as anybody else in the race. It has nothing to do with the results of the election and everything in the world to do with equal protection under the law, and due process.
You can’t just throw away the whole concept of equal protection and due process by saying, “The person wouldn’t have won even if they had equal protection and due process anyway, so they don’t have standing to demand equal protection and due process.”
Equal protection is equal protection. If McCain could sue to get a fair election, then so can Keyes. That’s what equal protection means.