Gary Kreep had an entirely different argument in his Opposition to Motion to Dismiss, filed on 9/18.
His argument is that the Electoral College "lacks the power to make eligibility determinations." IOW, it has an essentially "ministerial" (i.e. clerical) function of counting the electoral votes, and any objections would be to the correct tallying/casting of votes -- not to qualifications of the those voted for.
It's an interesting interpretation, and worth reading. Here.