“ 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.
Well, those Republican state legislators have until 12-noon, January 6th, to make their move ... And, honestly, I do not believe that a majority have the political courage to do so.