The scenario we see as the most alarming was made possible by the Supreme Court itself. In a 2020 decision, the court held, in our reading, that state legislatures have the power to direct electors on how to cast their electoral votes. And this opens the door to what we think is the most dangerous strategy: that a legislature would pass a law that directs electors to vote for the candidate the legislature picks.
This is so absurd it’s basically a lie. The Supreme Court upheld a states right to force electors to vote for the person they pledged to vote for. It doesn’t mean that a legislature could just pick a candidate that didn’t win the election. To do that, the legislature would have to pass laws to change the existing election rules in the state, which also would require the governor to approve.