President Biden's performance in last night's CNN presidential debate has left the Democratic Party facing the prospect of replacing its presidential candidate.
This guide explains how such an extraordinary move could occur.
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If Biden wants to stay on the ballot before the DNC roll call vote
Biden is currently the presumptive Democratic nominee, because he has secured the overwhelming majority of pledged Democratic delegates awarded after each state's primary election.
Former President Donald Trump is also currently a possible candidate.
Democratic National Committee rules give nominating power to those delegates.
President Biden participates in the CNN presidential debate at the CNN studios on June 27, 2024 in Atlanta. Biden's performance in the debate has raised concerns within the Democratic Party about the possibility of replacing him as its candidate. (Andrew Harnik/Getty Images)
Delegates must “conscientiously reflect the sentiments of those who elected them,” meaning Democratic primary voters.
In other words, as long as Biden wants to stay on the ballot, those delegates are expected to vote for him.
Since the rules do not impose any legal obligation on delegates to vote for the candidate to whom they are pledged, a mass defection is at least theoretically possible.
The party will formally nominate Biden when delegates take part in a roll call vote.
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This typically takes place during a party convention, which for Democrats begins the week of August 19.
But this year, Democrats will hold a “virtual” roll call vote before Aug. 7 to meet Ohio's ballot access deadline.
This means that a willing Biden will likely become the nominee no later than August 7.
If Biden steps aside before DNC roll call vote
If Biden steps aside before roll call, his delegates will no longer be committed to him and it will essentially be “open season.”
Any candidate who was eligible to be president could emerge, including those who did not participate in the presidential primaries, and the delegates could vote for them.
Clearly, an endorsement from Biden would be critical for either of those candidates.
President Biden speaks as he participates in the first presidential debate of the 2024 election with former US president and Republican presidential candidate Donald Trump at the CNN studios in Atlanta, Georgia, on June 27, 2024. (Getty Images)
And while the most logical contender for endorsement would be Vice President Kamala Harris, Biden could choose anyone.
If Biden steps aside, dies or becomes 'disabled' after DNC list
Any change in the candidate after the roll call vote would be an even bigger political disaster.
Democratic National Committee rules give the committee broad power to replace a candidate in the event of the death, resignation or “incapacity” of a candidate: “In the event of the death, resignation or incapacity of a candidate of the Party for President or Vice President after After the adjournment of the National Convention, the National Chairman of the Democratic National Committee will consult with the Democratic leaders of the United States Congress and the Democratic Governors Association and inform the Democratic National Committee, which is authorized to fill the vacancy or vacancies. .”
Harris campaigned with Biden at Girard College on May 29, 2024, in Philadelphia. (AP Photo/Evan Vucci)
The scope of “disability” will be the subject of intense debate if the party decides to invoke that provision.
But if one of those three conditions were met, party chairman Jaime Harrison would consult with Democratic leaders. He would make a recommendation to the Democratic National Committee. The committee would then decide on a new nominee.
Again, the most likely contender would be Harris, given her current position within the Biden administration, but anything could happen.
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If Biden steps aside, dies or has a 'disability' after the ballots are printed
If one of these conditions occurs after the general election ballots are printed – and/or it is too late to change the candidate’s name printed on those ballots – the mechanism for the Democratic National Committee to replace Biden is the same.
In that scenario, the party would have to inform voters that, although they are voting for Joe Biden, the committee has chosen someone else for the nomination.
After the election, the party would have to try to instruct the Electoral College electors to cast their votes for that new candidate.
The confusion that such a last-minute move would cause among voters would further escalate an already challenging campaign.
And given the unprecedented nature of such a move, it would almost certainly be challenged in the U.S. Supreme Court.
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