[Bruce Campbells Chin]

So what if the electors could be changed? The ones that were appointed at that time already voted, and there is no legal procedure to permit a ‘re-vote” of the Electoral College. So even if you did appoint different electors, there would be nothing on which they could vote.

Literally the only way to have a “re-do” of the election would be to have that case heard by the Supreme Court, and have the Court then decide the Biden’s election was bogus. But in all honestly...I see absolutely no chance of that happening. Even if justices were to conclude there had been fraud, I think the strict constructionists/textualists would find that they did not have the authority to vacate it.

[Alberta's Child]

Any state that comes out months after the fact and claims that its electoral votes were cast fraudulently should immediately have its statehood revoked and revert to territorial status for a minimum of 25 years.

[RideForever]

Even if justices were to conclude there had been fraud, I think the strict constructionists/textualists would find that they did not have the authority to vacate it.

Correct. A court can only determine if an election was LAWFUL or not. Only a state legislature can effect a change of election laws to correct it, with approval of Congress. If it can't be corrected, the state loses representation in Congress, as the Confederate states did after Civil War.

[MayflowerMadam]

“there is no legal procedure to permit a ‘re-vote” of the Electoral College.”

Is there a procedure that forbids it? We’re in uncharted territory here, for sure.

[Political Junkie Too]

In order for the Quo Warranto argument to work, it has to be coupled with the 20th amendment's "failure to qualify" standard. Once "failure to qualify" is determined, then the 20th amendment has a procedure for Congress to appoint an "acting President" until a "President has qualified."

If Congress is willing to make the argument that:

1. “Fraud vitiates everything” and there is no statute of limitations on "failure to qualify" if it is proven that there was fraud, and
2. the cover-up of fraud by election officials was done with the purpose of concealing the fraud until after inauguration day, then
3. there is a process in the 20th amendment to declare the offices vacant and Congress can appoint an "acting President" until a President "shall have qualified."

My plan:

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By using the 20th amendment to declare the office vacant due to failure to qualify instead of vacating the office due to impeachment, death, or resignation, the procedure laid out in the 20th amendment to fill the vacancy would apply (which bypasses the Speaker ascending to the Presidency).

Amendment 20

If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Consider the clause "If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify..."

The conjunction "or" separates two distinct cases: 1) when the President is not chosen by the inauguration date, or 2) when the President "failed to qualify." I'm arguing to disconnect the "failed to qualify" from "chosen by the time fixed..."

"Failed to qualify" due to a conspiracy to defraud would have no statute of limitations, and Congress should ex post facto declare the office vacant on the grounds of the 20th amendment, name the Acting President, and then pass a law to qualify a new President.

1. Republicans retake control of Congress due to mass calls for Democrat resignations for ill-gotten wins.
2. Via the 20th amendment, Congress declares the actual winner (President Trump) to fill the vacancy as "Acting President" until the office can be filled by someone who qualifies.
3. Via the 20th amendment and Article II Section I Clause 3, Congress passes a law moving the Presidential election up to 2022, and that it will forever be on a new four-year schedule beginning in 2022. This will satisfy Presidential term limits, as Trump will fill less than half of Biden's illegitimate term and then get his own second term. He won't be penalized for losing part of his term because of Democrat criminality.

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For this to work, someone has to argue that the "failed to qualify" has no statute of limitations, and that fraud and cover-up (“Fraud vitiates everything”) supersedes any requirement to discover the conspiracy in the few weeks between the election and inauguration.

-PJ