The guy who said the 12th Amendment was wrong. Article 2 Section 1 says the state legislatures will direct how the electors are appointed, which implies that only electors certified either directly by the legislature or indirectly according to the election laws the legislature passed are legitimate. The alternate electors in the contested states haven't gone through either of those processes yet, they were just selected by their state's branch of the Republican Party and then sealed their votes on the 14th to keep the door open for certification on a later date.
In every state the legislature has passed laws delegating the decision of which electors to send to the voters, in an election which is conducted and overseen by some combination of election boards, the Governor and the Secretary of State. The Biden/Harris electors were certified by that system; the state legislature never needed to certify anything because they had already finished their job by laying out a process for the election. Despite that, the Constitution gives sole power of choosing electors to the legislature, so if they wanted they could pass a resolution saying they changed their mind and want to send Trump/Pence electors instead. In that case there would be two sets of electors sent by that state and it would be up to Pence to choose which to count on the 6th
It doesn't, the alternate votes on the 14 aren't valid unless the relevant state legislatures certify them, which hasn't happened yet
The guy who said the 12th Amendment was wrong. Article 2 Section 1 says the state legislatures will direct how the electors are appointed, which implies that only electors certified either directly by the legislature or indirectly according to the election laws the legislature passed are legitimate. The alternate electors in the contested states haven't gone through either of those processes yet, they were just selected by their state's branch of the Republican Party and then sealed their votes on the 14th to keep the door open for certification on a later date.
In every state the legislature has passed laws delegating the decision of which electors to send to the voters, in an election which is conducted and overseen by some combination of election boards, the Governor and the Secretary of State. The Biden/Harris electors were certified by that system; the state legislature never needed to certify anything because they had already finished their job by laying out a process for the election. Despite that, the Constitution gives sole power of choosing electors to the legislature, so if they wanted they could pass a resolution saying they changed their mind and want to send Trump/Pence electors instead. In that case there would be two sets of electors sent by that state and it would be up to Pence to choose which to count on the 6th