Who's the President?

[JMadonna]

Biden would be sworn in as President & serve to the end of Obama's term in January but that would have no effect on what happens at the end of that term. That is solely in the hands of the electors at the present time. They can not vote a dead man into office (although in Chicago the opposite is true). Being alive and over 35 is one of the qualifications for the job.

The electors can't vote Biden for president because they are pledged to vote for him to be vice-president.

Since the country would probably think it unfair to vote another Democrat to be president whom the country didn't vote for they would also think it unfair to vote Romney the office since he lost.

Therefore, my best guess would be that the electoral college would not meet and decide, thus throwing the election to the House.