[RummyChick]

This brings in Dr. Franklin’s “uncharted waters” discussion as it pertains to competing set of electors... He has opined on this several times.

[Dr. Franklin]

This brings in Dr. Franklin’s “uncharted waters” discussion as it pertains to competing set of electors... He has opined on this several times.

Yes, a slate certified and appointed by the legislature will trump one certified by governor per the Twelfth Amendment, and it was also not the factual situation anticipated by the statutory scheme. However, if VPOUTS as President of the Senate chooses to only recognize one set of electors, i.e., Trump's, it very well may not count as disputed competing slates of electors under the statute. The pro-Biden members would then need to object to Trump's electors, win that motion by a vote in both houses of Congress just to disallow them, and then need to go to court to try to compel recognition of Biden's. If enough electors are neutralized that way, Trump wins either because he has more electors than Biden, or by the contingent vote in the House per the Twelfth Amendment.