If the courts are consistent, Yashcheritsiy would be ruled to have no standing in the case. As the Senate Pro Tem, Dick Cheney could have received any objection from any Congresscritter as the election results were offered before either of BHO's two inaugurations, he also could have raised an objection himself. He didn't, and the rest is history.
If Cruz should win the general election, Biden, however, as the sitting Senate Pro Tem in January, 2017, would surely hear a clamoring set of objections from the Dems about Cruz' eligibility. He would rule Cruz ineligible, which he at that time will have the right to do. He would then declare Cruz ineligible and name the 2nd highest electoral-getter the winner. Victory Democrats!
HF
“He would rule Cruz ineligible, which he at that time will have the right to do.”
The Vice President has the power to do that? Even as a member of the minority party? I seriously doubt it. This would be decided in the courts, not by some partisan politician on his way out of office.