“It’s full of hyperbole and exaggeration, which is what the Democrats do best on this election stuff,” Robin Vos, the speaker of the Wisconsin State Assembly, said in an interview last week at the State Capitol. “All we’re trying to do is make sure that people who were elected were elected legitimately.”
Mr. Vos said he was still not sure if President Biden had legitimately won the state. (Mr. Biden carried it by more than 20,000 votes.)
It would not take much to swing statewide elections in Michigan, Wisconsin and Pennsylvania. Four of the last six presidential contests in Wisconsin have been decided by fewer than 23,000 votes. Other than Barack Obama, no presidential nominee has won more than 51 percent of the vote in any of the three states since 1996.
And as Mr. Trump and his allies chisel away at confidence in American elections by making baseless allegations of voter fraud, it is no longer a stretch to imagine governors loyal to the former president taking previously unthinkable steps to alter future results.
Governors are required to submit to Congress a certificate of ascertainment of presidential electors. But what if a governor refused?
Another scenario could also give a governor outsize power over the presidential election: A state could send competing slates of electors to Congress, and the House might accept one slate and the Senate the other. Then, the Electoral Count Act of 1887 — the guidelines for tallying Electoral College votes, which remained obscure until the violence of Jan. 6 — appears to give the state’s governor the tiebreaking vote.
The National Task Force on Election Crises, a nonpartisan group of experts in various fields, warned about such a possibility in a September 2020 memo.