Someone has to sue to force it out in the open or it will be conveniently ignored.
But who would sue? I recall when this came up before (cough.Soetoro.cough) no one had "standing" to make the point. I think it would have to be in a friendly Republican state with a SoS who has the stones to make a determination. Or, IIRC, the House needs to "certify" the vote if she wins and since the Hose is BLUE, fuggetttaboutit....