Reply To: State Legislatures Should Give Trump Reelection Win

“direct vote by state legislature which was deliberately not authorized by the constitution”

Actually, the constitution not only specifically did authorize state legislatures to appoint electors in any manner of their choosing, but historically in the early years of the United States state legislatures did directly appoint presidential electors without any public election.

“If you read the rest of that section and the analysis of it, the underlying facts as to who is an elector has to be based on election day.”

The constitution says nothing about election day. You’re confusing the constitution with legislative laws. And laws cannot override constitutional provisions.

If you read the full text of Bush v. Gore (2000), you will see the Supreme Court explicitly stated that state legislatures have the unimpeded constitutional right to directly appoint the electoral college. In fact, the Florida state legislature almost did exactly that in 2000 before they litigation was resolved.

And once the state legislatures act and directly appoint electors, any party wishing to dispute that fait accompli only has recourse in Congress, not the judiciary.