3 U.S. Code § 2. Failure to make choice on prescribed day
Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.
(June 25, 1948, ch. 644, 62 Stat. 672.)
I presume each State has a long time ago that winner takes all regards of what day, effectively nullifying 3 USC 1. But, Republican State legislatures could, in theory, change their rules right now and send a Republican slate of electors.
For what it’s worth, the Republicans control the lower house and state Senates of all WI, MI, PA, GA, NC, and AZ (and all states Trump won in 2016) https://ballotpedia.org/Partisan_composition_of_state_houses
https://ballotpedia.org/Partisan_composition_of_state_senates
If they went this way, all hell would break loose, because it means that (until the law is amended) the state legislatures elect the president, not voters.
And actually Minnesota is split, so there would be a gridlock, and so the electors would be appointed 8-2. 8 D (for their 2 Dem senators and 6 Dem reps) and 2 R for their 2 Republican reps.
3 U.S. Code § 2. Failure to make choice on prescribed day
Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.
(June 25, 1948, ch. 644, 62 Stat. 672.)
I presume each State has a long time ago that winner takes all regards of what day, effectively nullifying 3 USC 1. But, Republican State legislatures could, in theory, change their rules right now and send a Republican slate of electors.
For what it’s worth, the Republicans control the lower house and state Senates of all WI, MI, PA, GA, NC, and AZ (and all states Trump won in 2016) https://ballotpedia.org/Partisan_composition_of_state_houses
https://ballotpedia.org/Partisan_composition_of_state_senates
If they went this way, all hell would break loose, because it means that (until the law is amended) the state legislatures elect the president, not voters.