This election isn’t over until the Electoral College votes December 14th and Congress, in joint session, led by the President of the Senate, Vice President Pence, counts those electoral ballots in January 2021.
Looks like some Republican majority state legislatures have some soul searching to do. They need to study Article II and Amendment XII of the US Constitution and exercise their authority to appoint electors that will deny votes for Biden if their respective state’s popular election SURVEY (which is all it is) is legitimately contested [corrupted], either electing Mr. Trump or sending the election to the House of Representatives. There each state’s delegation only gets one vote to select the president from the three highest electoral vote getters.
State constitutional officers that appoint the electors under state law, and also take an oath to the Constitution under Article VI, have some soul searching and homework to complete also.
The Founders were brilliant and absolutely anticipated baloney like we’re seeing in this election. Presidential electors are to be free agents to exercise independent judgement for exactly times such as this. How we’ve twisted original intent in our state laws and bastardized the process CAN (and arguably should be) fixed by state legislatures between now and December 14th when the Electoral College votes.
There is a history of some states having sent more than one set of electoral votes to Congress, letting Congress decide. Counting the electoral votes per the Constitution, is purely within the purview of Congress and not subject to review by the courts. Congress decides the validity of the electoral votes and counts them.
References:
“…and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice…..”
— Amendment XII, US Constitution
“Each state shall appoint, in such manner AS THE LEGISLATURE THEREOF may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress….”
— Article II, Section 1, US Constitution, [Emphasis mine]