For one, you are mixing 2 different theories into one. There were a few different lawful and legal ways Trump's campaign tried to do this. One being through State Courts before 1/6. Had a State court overturned the results, the alternate electors would then be legal proper Electors as appointed by the State Legislature.
If that didn't work, the next theory was to present 2 sets of electors to Pence, which the Electoral Act allows and there were a couple of different legal scenarios they hoped would happen with Pence, from there. Have you read the electoral count act? What happens when 2 slate of electors are presented to the VP? Why does the Act mention that the only way to count disputed electors is if each meet the Safe Harbor Act. Do you know what the Safe Harbor Act is?
Again, none of this was illegal. Some of it might have been bizarre legal theory, I will grant you that, but it wasn't illegal. Despite all of these legal efforts, the law was followed and Biden was lawfully elected. Where was the harm?
Imagine not knowing there are different interpretation of the electoral count act and not know that the act isn't cut and dry and is quite ambiguous in parts.
This is a galloping gash of garbage and it’s hard to know where to start picking it apart.
First, the act was written in 1887 and contemplated a situation from the election of 1877 in which competing slates of electors had actually
been endorsed by state officials. It didn’t address competing slates as an endorsement of the practice in the future, it did it to stop the practice by codifying how the disputed slates should be resolved so there would be no incentive to submit “alternate” slates that hadn’t gone through the appropriate certification process.
Second,
there was no competing slate of endorsed electors, here. There were some documents falsely purporting to be the certificates of ascertainment for their state, which were signed by people falsely claiming to be the electors for their state.
These documents were never certified or endorsed by any state official or legislative body. They cannot be the “duly elected and qualified electors for [insert state here]” if no official or legislative body ever endorsed them as the elector for that state.
They were fake electors.
I’m open to the idea that they didn’t know that the Trump campaign intended to unlawfully use their certificates to try to overthrow the government and never intended that anybody would rely on them, absent a material change in circumstances, which would be an actual defense to fraud. I’m indifferent as to whether that is determined by prosecutors or juries, with respect to the individual electors.
Regardless, as of January 6, when Trump and his staff continued to seek to rely upon those “certificates of ascertainment,” it was clear they still had not been endorsed by any state executive or legislative body as required by the statute or (arguably) the constitution, respectively. At that point, even this gossamer thread of “lawfulness” that you’re trying to hang from fully falls apart.
Third, your declaration that it’s all legal and lawful is completely meaningless. Eastman, in the memo outlining the plan (which I posted earlier), admitted that Pence had to break with the procedures in the ECA for Trump to win. Cheseboro, in his memo way back in December (also linked earlier), admitted that his plan likely wouldn’t survive a legal challenge. The people organizing it and trying to induce others to rely on these fake documents knew that they were doing was unlawful. They definitely knew it by January 6 when they had no legal victories and no official recognition of their fake certificates.
The only way it would have been lawful is if a governor or state legislature had endorsed one of these alternate slate of electors, which would have most likely occurred following a court victory. The Trump campaign tried all of that. They even tried persuading the legislatures without obtaining any court victories. They failed. Universally. They went forward anyways. Trying to induce congress to rely on the fake certificates of ascertainment. That is, at the very least, fraud.
Finally, in the event that the legal challenges succeeded after it was too late to submit certificates of ascertainment, there was a clear path to a remedy through objection and debate that was set out in the electoral count act. It was so “vague” that it was actually exercised by Cruz, Hawley, Gosar, and one other guy, and it was part of Eastman’s plan. They understood the remedy, even if you can’t, and they knew there wasn’t a legitimate basis that persuade enough to go along with it.
They weren't punished or replaced. Also, what happened to the ones whose State did not allow them to vote their conscience? I see you bend over backwards to excuse their (2016) behavior but you bend over backwards to try and prosecute the others (2020). Where is your consistency?
They weren’t punished or replaced? Read your own Wikipedia link. There was an entire Supreme Court case in which the faithless electors challenged their punishments (which were upheld). Thought you were alive in 2020?
The Washington faithless electors were fined $1000 and the Colorado ones were replaced or made to change their votes,
pursuant to state law. The ones that weren’t punished presumably didn’t have state laws clearly prohibiting their conduct and they got the same treatment as the 2020 fake electors from Nevada.