Any effort to replace President Joe Biden with another Democratic candidate is likely to be an uphill battle against practical, political and even legal obstacles.
Following Biden's performance at Thursday night's debate, It was hard I often had to stare intently to construct a coherent sentence. Vaguely Off camera, Democrats have begun raising the possibility of replacing Biden as the party's nominee, a move that would not be easy given party politics, state laws and a host of uncertainties, though Biden has not indicated he plans to step down. (RELATED: White House aides report that Biden is showing classic symptoms of dementia)
Federal Election Commission Chairman Trey Trainor wrote in a letter to the Daily Caller News Foundation on Friday that replacing Biden faces many hurdles, including “the complex mechanics of replacing candidates in 50 states, each governed by its own election laws and regulations.”
“States have specific deadlines for replacing their candidate, often months before Election Day,” he wrote. “These deadlines are critical to ensuring the integrity and fairness of the electoral process, and any attempt to replace Biden would require navigating these legal frameworks, which could lead to court battles and uncertainty that could harm Democrats' chances in the general election.”
Derek Mueller, a professor at Notre Dame Law School and an expert on election law, told DCNF that for now, it's not technically too late to replace Biden.
“We don't have a candidate,” he said. “They're not on the ballot in any state yet. We won't have a candidate until after the conventions.”
“If he chooses to resign, the Democratic National Committee rules will apply,” Mueller said.
Democratic National Convention rule It provides that “all delegates to the national convention who pledge allegiance to a candidate for President shall do so in accordance with their conscience, reflecting the sentiments of the people who elected them.”
If Biden were to withdraw before the Democratic National Convention, the convention would likely vote for another candidate. If Biden doesn't choose to step down, his pledge is non-binding and he could still theoretically be replaced, but it would be “very difficult” to get a majority of delegates to vote for another candidate at the convention, Mueller said.
“I think that's very unrealistic,” Mueller said.
Hans von Spakovsky, senior legal fellow and manager of the Election Law Reform Initiative at the Heritage Foundation, told DCNF that “party leadership doesn't trust their delegates and wants to avoid a convention fight.”
“The simplest way would be to hold a convention, nominate Biden, have him step down, and then have the DNC nominate a replacement,” von Spakovsky told DCNF, noting that the DNC has the authority to fill “vacancies for the presidential and vice presidential nominations” according to party lines. rule.
🚨50-state investigation into problems with Biden transition 🚨
Given the emergency, we will also be publishing a draft and ongoing collection of all state laws addressing the possibility of President Biden leaving or being replaced.
As you can see, there are many hurdles ahead. https://t.co/n40VUcKWHa pic.twitter.com/g8O34gaHAg
— Oversight Project (@OversightPR) June 28, 2024
June 21 NoteThe Heritage Foundation's Oversight Project noted that any attempt to swap Biden's ballots for those that did not “would trigger pre-election litigation in some states, complicating the process and likely resulting in failure.”
“The process of substitution or revocation raises numerous questions about election integrity,” Mike Howell, executive director of the Oversight Project, wrote in a memo. “Complying with the laws in some states could result in the process being foiled for the purpose of placing a different candidate on the ballot.”
Drop out! Will Democrats replace Biden? pic.twitter.com/cD7eS8czKS
— DC Shorts (@theDCshorts) June 28, 2024
Trainor also noted that a Biden transition would have “significant” financial implications, writing that “funds directly related to the Biden campaign may be subject to certain restrictions.”
“Democrats are tied to President Biden, and any attempt to sever that ties at this point would jeopardize the integrity of our democratic process and the credibility of our political institutions,” Trainor continued.
The Biden campaign and two fundraising committees raised a combined $8.1 million the day after Trump was convicted of 34 counts of falsifying business records in a lawsuit brought by Manhattan Democratic District Attorney Alvin Bragg. according to That day's donations included about 52,000 new donors, the largest of the campaign, according to Politico.
There are also political considerations that make it difficult for Biden to replace him. Hans Noel, a political science professor at Georgetown University, said: Said “Finding another candidate that satisfies everyone may be difficult,” The Washington Post reported.
“Biden represents a compromise that holds together a broad and potentially divided coalition of Democrats,” Noel said. “Any attempt to find a replacement will bring those divisions to the fore.”
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