We determined that the most commonly discussed strategies — such as a state legislature picking a new slate of electors to the Electoral College — wouldn’t work because of impediments built into the Constitution. We also concluded that the most blatantly extreme strategies, such as a state canceling its election and selecting its electors directly, are politically unlikely. The scenario we see as the most alarming was made possible by the Supreme Court itself. In a 2021 decision, the court held, in our reading, that state legislatures have the power to direct electors on how to cast their electoral votes. The question now is whether there is any way to close that loophole before a stolen election slides through.

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Persons: — Organizations: Capitol, Electoral, Supreme