Democrats Might Not Be Able to Replace Joe Biden on Ballot in These States - Newsweek

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Conservatives are planning to mount a major legal challenge if Democrats seek to replace Joe Biden as their presidential nominee.

The Heritage Foundation, one of America's largest conservative groups, is already getting challenges ready in battleground states should Joe Biden agree to step aside. It views swing states Wisconsin, Georgia and Nevada as likely arenas for legal challenges, given the complexity of switching presidential candidates in those states.

In the June 28 CNN presidential debate in Atlanta, Biden gave such a poor performance, and spoke in such a low voice, that some in the Democratic Party have reportedly been considering replacing him with a new nominee.

Joe Biden at a post-debate party at the Hyatt Regency Atlanta on June 27, 2024, in Atlanta, Georgia. Biden's poor performance during the debate has led to calls for his replacement on the presidential ballot.... Joe Biden at a post-debate party at the Hyatt Regency Atlanta on June 27, 2024, in Atlanta, Georgia. Biden's poor performance during the debate has led to calls for his replacement on the presidential ballot. Derek White/Getty Images

The president and his team have denied that he will withdraw from the race. Biden's campaign spokesperson, Lauren Hitt, told the Associated Press after the debate: "Of course he's not dropping out."

The executive director of The Heritage Foundation's Oversight Project, Mike Howell, said in a statement that the process of switching candidates is legally complex.

"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," he said. "We will remain vigilant that appropriate election integrity procedures are followed."

Newsweek sought email comment from Howell on Monday about the foundation's state-by-state research.

The foundation has already identified multiple states in which a switch away from Biden before or after the nomination could mean serious trouble for the Democratic Party.

The Heritage Foundation's Oversight Project said in a separate statement that the mechanisms for replacing Biden vary by state. "There is the potential for pre-election litigation in some states that would make the process difficult and perhaps unsuccessful," it said.

"Given the expected intensity of election integrity concerns in this election cycle, policymakers and the public should be educated and aware of the contentious path ahead," it said.

According to the Heritage Foundation's research, Georgia, Wisconsin and Nevada may prove particularly difficult for Democrats.

It said that only death can remove a candidate's name from a Wisconsin ballot, while Nevada's deadline for changing candidates ended at 5 p.m. on the fourth Friday of June - in this case, June 28, 2024.

It also allows special consideration beyond that deadline if the candidate is mentally incapacitated - a potential legal minefield that could consume months of legal argument.

Georgia allows candidates to withdraw up to 60 days before an election. If Biden withdrew after that date, which would be in early September, his name would remain on the ballot, but votes for him wouldn't count.

The Heritage Foundation states that some other states have no procedures to guide the replacement process, which would also open up huge areas of potential litigation by Republicans.

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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

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Democrats Might Not Be Able to Replace Joe Biden on Ballot in These States - Newsweek
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