The illogic of this position goes as follows, how will you EVER decide a close election? When you consider an election as close as Bush_Gore in 2000, how long will you wait for ballot challenges, absentee votes and the like? Remember, Massachusetts and these other states want to commit to the National Popular winner. My guess is that if this had been in effect in 2000, we would have seated a President in 2003 or so after the country threw out all of the challenges and a hissy fit or three!
The Electoral College is required by statute to meet and have an election by a specific date.
TITLE 3 THE PRESIDENT
Chapter 1. Presidential Elections and Vacancies
§ 7. The electors of President and Vice President of each State shall meet and give their votes on the first Monday after the second Wednesday in December next following their appointment at such place in each State as the legislature of such State shall direct.
§ 5. If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned.
One could infer from § 5 that its plausible that a State may not dispatch electors to the Electoral College based on some assinine recounts-holding-up-the-popular-vote-tally-to-determine-electors legislation compliance crap. That would fly only so long as nobody filed a lawsuit.
Twenty-Fourth Amendment
Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.
I’m pretty sure that nobody’d file a lawsuit and they’d just let it slide though. At least not unless the hold-up is due to racism then the ACLU would be ALL over that like stink on a fly.