REMINDER TO THE REPUBLICAN STATE LEGISLATURES, YOU HAVE THE FINAL SAY OVER THE CHOOSING OF ELECTORS, NOT ANY BOARD OF ELECTIONS, SECRETARY OF STATE, GOVERNOR, OR EVEN COURT. YOU HAVE THE FINAL SAY -- ARTICLE II OF THE FED CONSTITUTION. SO, GET READY TO DO YOUR CONSTITUTIONAL DUTY
It is my belief that the Trump campaign is making its case for widespread fraud in Michigan, Pennsylvania and Wisconsin...and to a lesser extent in Georgia and Arizona....to persuade legislatures in those states rather than to win in court (though that would be a significant bonus and reinforce the broader argument). What Trump has to do is make the case that he won those states with "legitimate votes" and they are being stolen via "illegitimate" votes...this is a strong case because it is clearly the truth. If he can make that case solidly, he can persuade those legislature to send competing electors to the December 14th elector vote. As such, these states would then be sending competing slates of electors to congress...specifically...to Mike Pence who, as President of the Senate, presides over the opening of these. These "conflicting" slates would then be voted on separately by the House and Senate...and if those bodies disagree, the electors do not get counted. This would almost certainly put both candidates under 270, thus tossing the election for President to the House and the election of the VP to the Senate. The Senate would elect Pence in short order as VP...and in the event the House cannot attain a majority of delegations for a Presidential candidate (which it might, given that the GOP control 26 delegations), the Vice President "acts" as President until the situation is resolved.
This is a complex scenario...no doubt...and one that the vast majority of citizens know nothing about. Its going to be rancorous and perhaps even violent at a certain stage...but it IS the constitutionally required path IF the state legislatures deem the vote in their states to have been subverted by fraud. Again, that is not a "legal" case...it is a political argument that would certainly need some legal support to be viable.
All that said, I believe this is the path the White House is charting...and that they had this plan ready "just in case" rampant fraud was used to subvert the vote. This is not something they are pulling out on the fly or ad lib...they are prepared, lawyered up, and are laying the political groundwork down to support getting these legislatures to step in and do the right thing. There's a reason guys like Levin are now out there dropping this in tweets...he's acting in concert with the legal/political team at the White House.
