Even if Biden gets 270 at the Electoral College Meeting on Dec 14, Trump still wins in Congress by a vote of 26-24 by State Delegation.

This is what Congressmen Mo Brooks is trying to do. It has never been tried before. Most people believe it has to go to the 435 member House of Representatives for certification. Trump loses if it goes to the House because it is Majority (D). The Democrat House will never vote to decertify 270. But Trump wins 26-24 if the vote is held by 50 States.

Rep. Mo Brooks will object to Biden's Electoral College votes.

Congress will meet Jan. 6 to certify the results of the presidential election, in which Mr. Biden has 306 electoral votes and Mr. Trump has 232. But federal law gives individual lawmakers in the House and Senate the authority to challenge the election results from the floor.

Democrats will retain the House majority in January, making Mr. Brooks‘ effort seemingly out of reach.

But the lawmaker said an interpretation of the 12th Amendment’s provisions for congressional certification of the election could favor Mr. Trump because more state legislatures are controlled by Republicans.

The 12th Amendment says that “the votes shall be taken by states.” Mr. Brooks said the question is whether the states, or their representatives in Congress, should be given the votes.

“It is a majority of the states that govern the election of the president,” he said. “Republicans control 27 state delegations, Democrats control 20, and three are tied.”

He said the question is in “uncharted waters” and suggested that Republicans could petition the Supreme Court to settle it.