So, just heard on Newsmax that PA legislature does not want to overturn the election results! Guess the mob run state got to them?
So, my question for a constitutional lawyer, can state legislatures that have already certified the results meet and de-certify, refusing to send electors to Congress? If enough Republican states de-certified, throwing the vote to the US House, THAT would overturn the election.
Not a lawyer but I believe I am well versed enough to answer this:
It is possible for the state legislatures to send a new set of electors if required. The case in PA led by the representative is the most likely as of now to overturn the state. If the SCOTUS does rule in favor of the GOP, then the SCOTUS would most likely force the state legislature to send in electors that will vote for Trump. However, many people have brought up the problem that if the state legislatures are sending a set of electors who will vote for Trump, and the governor has certified results to send in another set of electors who will vote for Biden, what do we do? Well, luckily enough, Pence is the person who actually reads out the electoral votes and if the governor and state legislatures have different electors, then Pence has the authority to recognize that state as “contested” and completely nullify their votes.
Not a lawyer, but from what I understand, they only need a 51% majority state senate to appoint their own electors, which doesn't require decertifying anything or any approval or certification from the Governor or anyone else.
Once they do, worst case scenario, the state is contested with two sets of electors, and Pence will have the final say in accepting or blocking contested electoral votes.