Biden Drops Out: GOP Threatens To Sue Over Ballot Change—Here’s Why That’s Unlikely To Succeed

July 21, 2024

 

President Joe Biden announced Sunday he’s dropping out of the presidential race, which Republicans have suggested will spark lawsuits from the right challenging Democrats changing up state ballots—but election law experts have said Biden dropping out before the Democratic National Convention shouldn’t pose any legal issues.

Key Facts

Right-wing organization the Heritage Foundation and House Speaker Mike Johnson, R-La., suggested before Biden’s statement Sunday that Republicans were likely to file legal challenges once Biden left the race, claiming the change-up would violate state rules on withdrawing or substituting candidates on the ballot ahead of the election……

Election law experts have broadly pushed back on the threats of litigation, however, arguing that since the Democratic Party’s candidate isn’t officially set until they’ve been formally nominated at the convention, laws about changing the nominee wouldn’t apply if Biden drops out before the convention—as he now has.

UCLA law professor Rick Hasen wrote in early July he doesn’t “put any credence into” the Heritage Foundation’s memo, adding, “Joe Biden is not the party’s nominee now, and states generally point to the major party’s nominee as the one whose name is on the ballot.”…..

Crucial Quote

“Before the media gets rolling, let me be clear: The Democratic nominee for president will be on all 50 state ballots,” Marc Elias, a voting rights attorney who has been aligned with the Democratic Party, wrote on X on Sunday after Biden dropped out. “There is no basis for any legal challenge. Period.”

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Bugs Marlowe

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