Should the Supreme Court invalidate the results of those states due to fraud, then it falls on the legislators to send the slate of electors from their state.
The legislatures do not have to wait for the Supreme Court. Besides, it's unlikely the Court will invalidate an entire state's votes.
The legislatures do not have to wait for the Supreme Court. Besides, it's unlikely the Court will invalidate an entire state's votes.
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The Constitution clearly says that state legislatures determine election rules. If the arbitrary rules made by judges and election commissions is allowed to stand in violation of the legislature rules, then from now on judges will chop and change the rules as they like. This is a ruling where the Constitution has been violated. If they get away with it, then just ignore the Constitution from now on. SCOTUS has a duty to rule.
You are absolutely correct. The legislators could decide on their own volition to send electors who would vote for a candidate other than the one who, at least, by fraudulent counting, “won.” However, this would take a lot more than a stiffened spine ! It would likely take toxic doses of viagra and testosterone combined. They might be a little more inclined to send Trump electors if the Supremes made a statement about the massive fraud which was enough for them to void the votes of the entire state.