State laws, potential legal battles add to Dems’ problem if they axe Joe Biden

Many states may not allow a replacement on the ballot, including swing states like Georgia, Nevada and Wisconsin.

Published: June 30, 2024 11:09am

Updated: June 30, 2024 11:49am

The conservative Heritage Foundation is laying the groundwork and research in case President Joe Biden decides to step down as the Democratic nominee in the aftermath of a widely panned debate performance.

"We are monitoring the calls from across the country for President Biden to step aside, either now or before the election, and have concluded that the process for substitution and withdrawal is very complicated," Executive Director of The Heritage Foundation’s Oversight Project Mike Howell said in a statement. "We will remain vigilant that appropriate election integrity procedures are followed."

The Oversight Project warned in a separate statement, according to Fox News, that "if the Biden family decides that President Biden will not run for re-election, the mechanisms for replacing him on ballots vary by state. There is the potential for pre-election litigation in some states that would make the process difficult and perhaps unsuccessful.”

Many states may not allow a replacement on the ballot, including important swing states like Georgia, Nevada and Wisconsin, each with their own specific laws. For example, Nevada only allows changes to its ballot up until the fourth Friday of June in the election year.

Then there is the issue of campaign cash. According to the last filed report by the Biden re-election committee, they had $195 million on hand. But campaign finance laws don’t allow for a candidate to receive funds that weren’t directly donated to them, according to the Washington Examiner. The money could only go to Vice President Kamala Harris, since she is already on the ticket.

With all the talk of Biden stepping down from the nomination, or removing him by other means, there are many hurdles and legal considerations that the Democrats are facing.

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