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Independent State Legislature Theory

5-4

00:00

What Are You Worried About?

A lot of the reason that people think that state legislators can't overturn the results is that Congress has chosen election day as the day that electors need to be selected. But if you read the statute, it's pretty clear that the state legislature would have up until the end of election day to decide. So they could see where the wind is blowing and be like, oh, no, we're not going that way. We're talking precarity. We'retalking tenuous. We're Talking thin ice.

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