Texas lawsuit on battleground states – Wisconsin, Michigan, Pennsylvania, and Georgia – are a good start but would take a long shot. SCOTUS would also be reluctant to order state legislatures in seating the right electors because the legislatures already have this power.
The first federal law, entitled “Determination of controversy as to the appointment of electors,” says that states may appoint the electors after a controversy or contest.
With all the allegations of fraud and irregularities in the recent presidential election, one would think that it qualifies to become a “controversy.” The irregularities have become insurmountable that it allegedly helped flip the votes to the Democrat candidate. This provision then enlightens each state legislature to determine how the state can appoint electors. Therefore, Biden’s electors could be set aside if the state law allows it.
The Electors Clause — Article II, Section 1, Clause 2 of the U.S. Constitution — states that “[e]ach State shall appoint, in such manner as the Legislature thereof may direct, several electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress.”
Each state law has to vary “plenary power” to appoint its electors.
A section entitled “failure to choose before the prescribed day” says that the States appoint the electors “on a subsequent day,” not necessarily on the next day if they failed to choose on the day prescribed by law.
If the elections’ controversies persist past December 14, then the states could set an election later to investigate the illegalities further.
Thus, the undisputed states vote electorally come December 14, and neither candidate reaches 270, so neither could be declared as the winner.
GOP led states – Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin – have expressed postponing electoral votes due to ongoing investigations on fraud and irregularities. The legislatures have been holding hearings and conclude that massive fraud has hurt Trump and helped Biden.
Each of the GOP states may conclude even until January 15 next year.
However, if the disputed states couldn’t select the electors, and neither candidates reach 270, the election would be turned over to the House. Each state would get one vote, determined by the political inclination of the state legislatures. The GOP has 29 state legislatures, while the Democrats control 19.
Therefore, the GOP wouldn’t really need the SCOTUS to win.
Meanwhile, Sidney Powell’s lawsuits could continue to expose the Dominion Voting Systems. Although the goal isn’t to overturn the vote count, it could effectively eliminate the flawed and rigged system.