In its motion to dismiss, the defense argued that the "The Constitutions commitment to the Electoral College of the responsibility to select the President includes the authority to decide whether a presidential candidate is qualified for office because the examination of a candidates qualifications is an integral component of the electors decision-making process."
We know, though, in practice, the electors are political hacks appointed as electors by their party in reward for their support. Theirs has become, in practice, a ceremonial role (and some of them might not even be alive, as was the case with one in California).
If you look at Kreef's argument in opposition to the defendant's motion to dismiss, Cheney's oversight becomes insignificant.
...the Electoral College is not empowered with the authority to determine the eligibility of any candidate. As discussed above, in twenty-six States and the District of Columbia, Presidential Electors are prohibited by statute from voting in variance with their pledges, or, if they do, they face civil or criminal penalties and fines. The act of determining eligibility is one that requires discretionary authority, so that a candidate found to be ineligible may be removed. However, any discretionary authority of the majority of the States Presidential Electors has been removed by statute, and the Presidential Electors, instead, perform a ministerial function of casting their votes in accordance with the popular vote of the State that each Elector represents. The assertion of Defendants that the Electoral College has the authority to make any determination of a Presidential candidates qualifications is unpersuasive because, while the historical intent of the of the Electoral College was to make such determinations, the modern majority trend of the States is to limit the duties of the Electors to the ministerial role of casting a vote for the candidate chosen by the popular vote of their respective States.
Further, other than a Concurring Opinion, Defendants offer no modern precedent for the claimed power of the Electoral College. Thus, the Electoral College lacks the authority to make a determination of a candidates eligibility, and the Court should deny these grounds for dismissal.