This would be the most constitutionally sound approach, but in reality it was completely untenable.
1. Were the legislatures even in session?
2. How do you "send questionable electors back" to a state legislature? Who gets the notification from Congress?
3. What authority does Congress have to compel state legislatures to do anything?
RE: 1. Were the legislatures even in session?
Given the urgency of themoment, they have to be called back to session if they were not.
Pence could have (and should have) done that. It would have made it clear that there were legitimate questions. If even a few of the battle ground states had looked into it, it would have been on record and then the courts couldn’t say we had no standing. I understand that Biden would have been selected president, but court review afterwards would have been more feasible.
BTW, “standing” is a dumb reason not to take a case. I understand that I as a resident voter in Texas have “no standing” in objecting to Fetterman’s fake senate election in Pa., but I certainly have standing when there is fraud in Pa. (and Ga. and Az., etc.) for the national presidential election. Their fraud affects my vote even though I am not a resident there.
“3. What authority does Congress have to compel state legislatures to do anything?”
Well, Congress can just say “do what you like, but without clarification, we can’t count these electoral votes”. Pretty sure most states would find that a compelling reason to do something.