If the state legislature appoints a slate of electors that don’t correspond with the popular vote, what is the process and is the court most likely to side with the popular vote winner? Is it the secretary who certifies the election results and then the state legislature picks the electors, or is it that the state legislature picks the electors and the Secretary of State certifies that the electors appointed match the will of the voters?
Let’s assume the state legislature appoints electors which includes five GOP and three Democrats but the state is winner take all and was won by the GOP. Furthermore if the state binds electors to the state legislature, the Democrat wins 270-268 but if they bind it to the popular vote winner, the GOP wins 271-267.
If the state binds their electors, are the electors forced to side with the will of the people, side with the state legislature or abstain? In the above example, if the GOP gets six and/or the Democrats get two or both fail to get to 270 thru abstaining or 3rd party gets electors it goes to the House which is my favorite outcome