A difference would still lie in whether Congress alone can disqualify a candidate without the involvement of the judiciary, given that they don't have the power to pass bills of attainder.
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A difference would still lie in whether Congress alone can disqualify a candidate without the involvement of the judiciary, given that they don't have the power to pass bills of attainder.
If a state legislature decided to ignore all votes for Trump when selecting their electors, then those voters might well have a case under Section 2 of the 14th Amendment. (Unless those voters' "participation in rebellion" could be decided by the states?) Of course, a state might find the constitutional penalty of losing electors superior to the possibility of a Trump victory, if the latter has any real chance of occurring at all.
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