Per federal law, today was the voting day for the Electoral College. And, in accordance, its electors met in their respective states and the votes were cast, though not officially tabulated. That will not come until Jan. 6, when Congress meets to officially tally the votes.
Inasmuch as the Constitution grants individual state legislatures all power concerning who to vote for, does this mean the vote for Biden is now set in stone -- the states cannot switch their votes to Trump?
Yes.
Says the Constitution, "The Congress may determine the Time of Chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States."
It is true that a Trump advocate might point out that it says, "the Day on which they shall GIVE their Votes." That only refers to the day they GIVE their votes to Congress, which is not until Jan. 6, thus (by that argument) still leaving time for legislatures to toss out Biden electors and appoint Trump electors in their place.
You see. the Constitution says, "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors." That leaves the legislatures free to toss out one set of electors and replace them with another -- replacing Biden delegates with Trump delegates.
But, if they were going to do that, today was the date by which they would needed to have done it. Even though "the Day on which they shall give their Votes" might correctly be interpreted as Jan. 6, that other part of the same sentence closes the door. "The Congress may determine the Time of Chusing the Electors." Thus, if Congress designates Dec. 14 as voting day, by implication, the electors must be chosen by that date.
Trump's path to the presidency by calling on state legislatures to replace Biden electors with Trump electors has been shut down. That threat is now behind us.
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