Since Election Day, three distinct concerns have called into question the legitimacy of the 2020 presidential election: fraud, the security of voting machines and software, and violations of state election codes. A series of court cases filed by President Donald Trump and his voters seek judicial intervention to true the vote, but with limited success.
Republican legislators in several swing states have also requested the secretary of state audit the results before they are certified. As the recount in Georgia is proving, however, allowing election officials to oversee the process is providing no more confidence in the outcome.
There is a solution to this mess, but it requires state legislators to remember that we are a republic and that, under our constitutional system, they have the ultimate and exclusive authority to appoint electors however they best see fit. The plain language of the so-called Electors Clause of the Constitution, Article II, Section 1, Clause 2, establishes this authority by