The persons who would be the most likely to have “standing” in this legal situation would be the people who were most directly harmed by an allegedly ineligible candidate: John McCain and Sarah Palin.
***But another candidate, Keyes, has filed lawsuits. And the ‘standing’ issue is just a smokescreen anyways. Lower courts don’t want to get involved because it’s obvious this one will get kicked up to the SCOTUS regardless of how they find, and if they find against the most likely next president there will be a lot of political hell-to-pay. So they weasel out on the ‘standing’ issue and punt.
The candidates who actually received electoral votes have more standing to show damages than candidates who received no electoral votes. McCain-Palin were the only other candidates to receive Electoral Votes, 173 electoral votes to be exact.
A case can only be “kicked up” to the Supreme Court if it has been ruled upon at a lower court level. The Supreme Court is an appeals court, the highest appeals court. Almost no cases originate at the Supreme Court except for disputes between state governments or between a state and the federal government.
The Supreme Court favors taking cases from the US Courts of Appeals. Phillip Berg made a tactical mistake by skipping the US Court of Appeals which is most likely why his case has been denied twice already at the US Supreme Court level. The Supremes like utilizing “the chain of command” and the US Court of Appeals is the next highest court to the Supreme Court.