It looks like the EC is toast then. Or at least, if we throw that question to SCOTUS, they will discover that it’s toast. If that’s the only path to victory so be it.

lt’s toast because, according to the letter of the law (textualism), there can be no recounts, at least for president. The states must appoint electors on the 3rd, or they appoint none at all. I imagine this hasn’t been followed to the letter for many decades, but it’s clear as day: there is no provision in law for electors to be selected after the 3rd. If that goes to the Court, then there can be no electors appointed, and it goes to the House, where we win.

I don’t know if Trump wants to take it in that direction.

edit: actually, read the next couple sections. It allows late selection. And if no electors are chosen, then basically each representative and Senator gets a vote.

It looks like the EC is toast then. Or at least, if we throw that question to SCOTUS, they will discover that it’s toast. If that’s the only path to victory so be it.

lt’s toast because, according to the letter of the law (textualism), there can be no recounts, at least for president. The states must appoint electors on the 3rd, or they appoint none at all. I imagine this hasn’t been followed to the letter for many decades, but it’s clear as day: there is no provision in law for electors to be selected after the 3rd. If that goes to the Court, then there can be no electors appointed, and it goes to the House, where we win.

I don’t know if Trump wants to take it in that direction.