To decertify the electors, a state legislature would need to reconvene its assembly. That occurs in one of two ways: In the disputed states, their constitution requires either a 2/3 or 3/5 majority to call the legislature back into session - and, IIRC, this is done by the members’ petition. The second method is where the governor makes the call.
Neither one of these two avenues are in play: in the states having Republican majorities, neither chamber holds a majority of 2/3 or 3/5. In the states having a Republican executive, the governor has refused to call a special session. And, of course, where there is a Democrat governor - such as Gov. Wolf of PA - he will certainly not go against his own party.
Some have argued that the legislators, because they hold plenary power, may simply declare the electors invalid without having to call together their assemblies by the majority vote stated above ... If that is true, it is news to me that they could do so. At this late hour, if they hold such power, then why have they not availed themselves to it?
“ Some have argued that the legislators, because they hold plenary power, may simply declare the electors invalid without having to call together their assemblies by the majority vote stated above ... If that is true, it is news to me that they could do so. At this late hour, if they hold such power, then why have they not availed themselves to it?”
Yes, they hold plenary power because it is the US constitution not the state constitution - and certainly not the governor! that gives them authority over a national election - they can just do it - they don’t need the Governor’s permission!
There has been some confusion over this - but mostly moot tomorrow when they begin their regular sessions.
The long and the short of it is that the Secretaries of State’s power to certify was delegated to them by the legislatures - who can take it back at any time for any reason.