<> If the states had contested, then yes, Mike Pence could have sent it back to the state legislatures. <>
no place in the law is this stated
https://www.law.cornell.edu/uscode/text/3/chapter-1
I don’t have time or wits to go re-read what I posted right now, but my understanding was that if Pence had accepted the alternate electors even though the states did not contest it, that would have set a precedent that Dems could use.