Neither...it's a State question.
If it was strictly a state question, Florida State Supreme court would have picked Gore. But US Supreme Court vacated their opinion.
Yes, I know about the Electoral College. They are free to choose. Period.
But, maybe, just maybe, you haven't heard of the 9th US Circuit Court of Appeals. They have their own rules. Ever hear of Prop 187? They buried it. Something like 67% of California voted for it. They put it in arbitration.
It is still there...
Hmmm...could Governor Schwartzenegger pull it out of arbitration???
If Kerry dropped out could Texas reprint a ballot with no Democrat candidate electors? In essence electors for Bush are running unopposed. What about other republican controlled states?