I suspect NO CERTIFICATION has the inside track vs Trump Electors. You only need one house to refuse certification and the 20 EVs are not awarded.
Get Biden under 270 and the word “immediately” in the Constitution for the House vote by delegation will be tested. I suspect the USSC will rule on the word immediately, and it won’t be months. Or even weeks.
The Constitution says if neither candidate has a majority of total EVs (removing a state does not reduce the majority) then the House must vote by delegation “immediately”.
I do suspect she won’t be able to translate that into “never”. This is a viable path for Trump re-election. It’s how Thomas Jefferson became president.
The Pennsylvania legislature is in a tight spot. Most of those Republicans are pretty moderate by national standards. Not a lot willing to rock-the-boat from what I see. But if they are suggesting by this vote to audit the election that they might not seat any electors from PA then the USSC has the ‘green light’ for a sweeping ruling in Pennsylvania and possibly other contested states.
Yes, it does.
Both the Constitution and US Code Title 3 Chapter 1 use the word "appointed," not "apportioned," when referring to votes.
12th Amendment
The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed...
3 U.S. Code § 1 - Time of appointing electors
The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President.
3 U.S. Code § 2.Failure to make choice on prescribed day
Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.
3 U.S. Code § 3.Number of electors
The number of electors shall be equal to the number of Senators and Representatives to which the several States are by law entitled at the time when the President and Vice President to be chosen come into office; except, that where no apportionment of Representatives has been made after any enumeration, at the time of choosing electors, the number of electors shall be according to the then existing apportionment of Senators and Representatives.
3 U.S. Code § 4.Vacancies in electoral college
Each State may, by law, provide for the filling of any vacancies which may occur in its college of electors when such college meets to give its electoral vote.
3 U.S. Code § 5.Determination of controversy as to appointment of electors
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.
You'll note that §3 is the apportionment part of the law that sets the number of Electors each state is entitled to.
The state must still appoint people to the Electoral College.
The 12th amendment is clear that it is a majority of appointed Electors that matters, not apportioned Electors, in other words, a majority of votes cast by Electors.
-PJ