If the buck gets passed to Congress, isn't that a GOOD thing? But my question is can the state legislatures just state declare due to evidence of widespread election fraud that has NOT been resolved by the time they need to choose electors, can they choose NOT to send a slate of electors to the electoral college?
That is actually a much easier choice than choosing Trump electors if the elections are still in dispute.
The problem is that the buck wouldn’t be passed to Congress, because the result of a state refusing to appoint electors would be to reduce the threshold needed for a majority.
If Pennsylvania, Michigan, Wisconsin, Georgia, and Arizona ALL refused to appoint electors, Biden would still win 233-232.
If a legislature wanted to pass the buck to Congress, they would need to appoint electors and pass a law requiring them to vote for a third candidate. The Supreme Court recently held faithless elector laws to be enforceable. Then, they might deny Biden a majority with only a couple states.