https://www.washingtonpost.com/context/read-the-opinion-fede...
And don't ask for state legislators to pick the winner, either. Voters weren't voting for presidential electors when they voted for state legislators.
And don't say "you don't actually know who won". Yes, we do in fact know perfectly well who won. What you perhaps mean is "we don't know who would have won under what the rules should have been." Well, perhaps, but we know who won under what the rules were. You don't want that set of rules? Sue before the election. You had months.
A real cynic might think that they knew before and said nothing, just to keep open the grounds for a lawsuit in case they lost. Laches is a perfect response to that kind of game.
> The problem is that once the election has been conducted in violation of the law, that has already happened. The total you have is inaccurate and you don't actually know who won.
If votes are cast in good faith by citizens following the voting laws as they are communicated and there is no evidence either of material fraud or of a material number of voters being disenfranchised, then you very likely do have an accurate total, right? If the election is a violation of the law because it disenfranchised enough voters to make a material difference in the outcome, that would be a different matter, but that was never actually in question here. Even if all the mail-in votes that had been "cured" had been thrown out, Biden would have still won the state. This is why Trump's team asked to have all mail-in votes thrown out: a more reasonable restitution wouldn't have achieved the outcome they wanted, e.g., Trump being awarded the state's electoral college votes regardless of the popular vote tally.
(And, AnimalMuppet is also right: every state that changed election laws in 2020 changed them, by definition, before the election. Raising objections to those laws after the election because your guy didn't win -- and only in those states -- is, well, suspect.)
The lower court seemed to indicate they were going to win on it before it was dismissed on procedure.
> disenfranchising 6 million voters who voted in good faith per their individual US Constitutional right would never be a sensical remedy for an error in procedure by officials.
The problem is that once the election has been conducted in violation of the law, that has already happened. The total you have is inaccurate and you don't actually know who won, so choosing anyone based on it is disenfranchising anybody who voted for someone else.
Now, I think at one point they were asking to just throw out all of the mail in ballots, which is ridiculous. Some kind of sensible remedy might have been to hold the election again or have the state legislature decide. But then when they started asking for that, people were calling it a coup attempt, as if voting for electors who then vote for President is perfectly democratic and reasonable, but voting for legislators who vote for electors who vote for President according to the constitutional procedure is some kind of seditious tyranny.
And what's the alternative? State officials can violate election procedures with impunity because there is no remedy? Surely you can see how that could be abused for partisan advantage by whoever is in control of the state government.