Suppose the Democrats cook up another Russia Russia Russia hoax. Now, this victory is so overwhelming that they're not going to do that, but humor me. Or if they say that the Republicans cheated.
Does Kamala Harris have the right to:
- declare herself the winner outright?
- declare in favor of a second slate of electors that the Democrats send in?
- send the election to the House?
If you argue that it is the law change, does this mean that Gore had the right to crown himself president in 2000?
IIRC, messy and state-by-state. Most have laws that prohibit and/or punish faithless electors but some of those punish them and still count the votes. The constitutionality of said laws was challenged in 2016 (go figure) and SCOTUS unanimously said it's constitutional to make them do their damn jobs.