Section 301(a)(1) will either be found to have been unconstitutional to begin with or to be inapplicable for some reason. The Supreme Court
definitely follows the election returns. The idea that the majority party should be deprived of its victory because it's candidate's mother, as a teenager, didn't comply with an obscure law just isn't going to fly.
Granted, if Obama was a nobody, and especially a Republican nobody, it might very well be different. But he isn't.