That may be the case for an uncontested fraud free election.  The fact that there are serious questions about the legality of votes bring into question a clear winner.  Couple that with the information now coming out with the Dominion software (the same software used in MI) that actually tabulated the votes, and it’s ability to switch votes from one candidate to another, there is no clear winner of legally cast votes at this time.  Sydney Powell is on record stating that Trump won the legally cast votes in the contested states of MI and PA and she can prove it.  If I had to guess, I think that when these cases go to the SCOTUS, the SCOTUS will determine that because of the wide use of Dominion voting system and it’s ability to switch votes, they will declare the election hopelessly corrupt and nullify it in all the contested states or the entire general election. If that’s the case and there is no POTUS or Vice President by December 18, then it will go to the delegation of State legislatures, each state getting 1 vote. Because there are more than 26 Republican State legislatures, Trump would win regardless of state election laws.