Can Biden be replaced as the Democratic candidate?

The Democratic Party is facing the possibility of replacing their nominee due to the fallout from the debate.

Can Biden be replaced as the Democratic candidate?
Can Biden be replaced as the Democratic candidate?

The possibility of replacing their presidential nominee has arisen for the Democratic Party due to President Biden's performance at last night's CNN Presidential Debate.

This guide explains how such an extraordinary move could occur.

If Biden wants to stay on the ballot before the DNC roll call

Biden has secured the overwhelming majority of pledged Democratic delegates after each state's primary election, making him the current presumptive Democratic nominee.

Former President Donald Trump is also currently a presumptive nominee.

Democratic National Committee rules give the power of the nomination to those delegates.

Biden CNN debate
President Biden participates in the CNN Presidential Debate at the CNN Studios on June 27, 2024, in Atlanta. Biden's performance at the debate has raised concerns within the Democratic Party about the possibility of replacing him as their nominee. (Andrew Harnik/Getty Images)

Democratic primary voters must be represented by their elected officials in all good conscience.

If Biden wishes to remain on the ballot, the delegates are expected to vote for him.

A mass defection of delegates from their pledged candidate is theoretically possible since there are no legal obligations to vote for the candidate they are pledged to.

The roll call vote will see the party formally nominate Biden.

During a party convention, which for Democrats takes place from Aug. 19 onwards, that normally occurs.

The Democrats will conduct a "virtual" roll call vote by Aug. 7 to meet an Ohio ballot access deadline.

It is likely that Biden will be nominated as the candidate on or before August 7th.

If Biden steps aside before the DNC roll call

If Biden withdraws from the race before the roll call, his delegates will no longer be bound to him, effectively making it an "open season."

Eligible candidates, including those who did not participate in the presidential primaries, could potentially become president through the votes of delegates.

An endorsement from Biden would be crucial for any of those candidates.

Biden and Trump debate
President Biden speaks as he participates in the first presidential debate of the 2024 elections with former U.S. President and Republican presidential candidate Donald Trump at CNN's studios in Atlanta, Georgia, on June 27, 2024. (Getty Images)

Biden has the option to endorse anyone, including Vice President Kamala Harris, for a particular position.

If Biden steps aside, dies, or has a "disability" after the DNC roll call, he will no longer be the Democratic Party's presidential nominee.

If a change in the nominee occurred after the roll call vote, it would be an even greater political disaster.

The Democratic National Committee has the authority to replace a nominee for President or Vice President if they die, resign, or become disabled after the National Convention has adjourned. The National Chairperson of the DNC must consult with Congressional and gubernatorial leaders before making any decisions, and the DNC has the final say in filling the vacancy or vacancies.

Kamala Harris and Joe Biden campaign in Philadelphia
Harris campaigned with Biden at Girard College, May 29, 2024, in Philadelphia. (AP Photo/Evan Vucci)

If the party invokes the provision related to disability, the scope of that term will be a topic of intense debate.

If one of the three conditions is met, the party's chair Jaime Harrison would consult with Democratic leaders and give a recommendation to the DNC, resulting in the committee deciding on a new nominee.

Harris could be the most likely contender for the 2022 presidential election, but anything could happen.

If Biden steps aside, dies, or has a "disability" after ballots are printed, the election results may be disputed.

If the general election ballots have already been printed and it is too late to change the name of the candidate, the mechanism for the DNC to replace Biden would be the same.

If the committee were to choose someone other than Joe Biden for the nomination, the party would need to inform voters of this.

The party would need to persuade electors in the Electoral College to vote for the new candidate after the election.

An unexpected move in the campaign would intensify the confusion among voters, making the already challenging campaign even more difficult.

The move would likely be challenged at the U.S. Supreme Court due to its unprecedented nature.

by Rémy Numa

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