Congress will not accept Electors who have violated federal law by setting an illegal condition for appearing on the ballot...this will go to court
As for going to court. State legislatures can award their electoral votes any way they wish. They have, for some time—like pretty much always—awarded their electoral votes to the person who won the Presidential election in their state, but the Constitution doesn’t require them to. The Constitution doesn’t require a Presidential election, except for the December election by the states’ Electors.
< “As for going to court. State legislatures can award their electoral votes any way they wish.”
Absolutely false. Legislatures NEVER award electoral votes.
The 12th and 20th Amendments govern the EC.
There is a SLATE of Electors for each presidential candidate chosen by either the state legislature or a political party. Therefore, there are multiple slates of Electors before Election Day.
In ALL but two states, Nebraska and Maine, the slate of Electors of the political party whose voters win the state’s popular votes advance to be certified by the state as the state’s Electors.
The state can only revoke certification of a faithless Elector causing the prevailing political party to nominate a replacement.
Case law allows states to decertify and/or punish a faithless Elector, never a faithful Elector.
A court case against the State of Illinois regarding failure to place Donald J. Trump on the ballot would pursue a wrongful shutout of the Republican Party in the Presidential Election. The Party has the absolute right to nominate a candidate of its choosing according to the US Constitution’s natural born, age and residency requirements. There is NO REQUIREMENT whatsoever that a nominee’s private tax records be part of eligibility. If Illinois wants Trump’s tax returns before allowing him on the state ballot, they will have to amend the US Constitution with the backing of 37 other states for ratification; NOT GOING TO HAPPEN.
Donald J. Trump is eligible period by clear constitutional authority. The State of Illinois has no say in his eligibility outside the US Constitution.
EVEN IF the State of Illinois engaged in such nonsense as to keep Donald J. Trump off their state ballot, then a popular vote for a phantom Republican candidate would mandate that the Republican Electors be advanced and certified to the Electoral College where they would promptly and dutifully vote for their party’s nominee which will be Donald Trump. But the State of Illinois will never get this far as it is certain the US Supreme Court will rule that Donald Trump is eligible and cannot be denied by an unconstitutional state law that attempts to modify his eligibility outside the Constitution.
The US Supreme Court shall rule that the State of Illinois law barring the Republican Nominee for President of the United States in effect attempts to change eligibility requirements set forth in the US Constitution and therefore is unconstitutional on its face. The state law will be stricken leaving Illinois with no legal authority to deny the state’s Republican nominee Donald J. Trump his place on the ballot.
Donald Trump will be on the ballot in the State of Illinois.
The US Senate is very much involved in the procedural process of certifying the EC votes, but that is moot as the USSC will never allow a state to modify the US Constitution to its liking without formal amendment ratification effecting the same.
12 Amendment:
The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; ...