One of the problems that may be unconstitutional, is that it states that if there is disagreement, the Executive branch of the state’s electors are the ones to be counted.
That takes away the legislature’s plenary power. For example if the state legislator voted to send a different slate and the DemoKKKrat Gov. and SOS refused to sign the certification, then the slate chosen by the legislature would not be chosen under this act. Unconstitutional-but never challenged so it was not an issue till now.
In addition, some constitutional Lawyers contend that the VP has authority under the constitution that has been usurped under the act such as @ the link below:
(it’s a short 4 pages and not too much legalize). Advised reading ICYMI😊
And I can see that.
Since the Fifth Circuit declined Goehmert’s suit—which probably should have been directed at Congress rather than the VP—we will not have an answer on the issue of plenary power for a while. I suppose that if the Governers tie breaker is implemented then there will be a case, but it will only be addressed after the ECA takes place. (I suspect that if overturned that you could not use “Quo Warrento” on the winner.