[Eagle Forgotten]

If they can paralyze those states [GA, PA, AZ and MI], it denies Biden 270. And off to the House we go.

Alas, it wouldn’t work that way. The requirement in the Twelfth Amendment is not that the winner have 270, i.e., a majority of the total number of electoral votes potentially available. The requirement is that the winner have a majority of the electors appointed.

If those four states don’t appoint electors (total of 57), then the familiar 538 total becomes 481. A majority is 241. Among the remaining electors (assuming Biden gets NV and WI), Biden wins, 249-232.

This is why people are talking instead about getting states to appoint Trump electors even if the official count shows a Biden win. That would be a much heavier lift. Also note that WI, MI, and PA have Democratic governors who could veto any bill to change the state’s law about appointment of electors. Hence the focus on the courts.

[Mariner]

“Hence the focus on the courts.”

No matter what the courts do, it’s either electors or the House which elects a president.

I don’t see any court saying there was an invalid election in 4-6 different states, negating their electors de facto (though there’d be mucho wrangling). Or, declaring the entire election invalid.

What influence do the courts have on the vote of the electors, or the House?