Topline

President Joe Biden’s surprising announcement of dropping out of the presidential race has sparked speculation about potential legal challenges from Republicans. While right-wing organizations like the Heritage Foundation have suggested that changing candidates on state ballots could violate election laws, election law experts have dismissed these concerns. The experts argue that since the Democratic Party’s nominee isn’t officially set until the convention, laws about changing nominees wouldn’t apply if Biden drops out before then.

Despite threats of litigation, legal experts believe that any lawsuits challenging Biden dropping out would have no legal basis. UCLA law professor Rick Hasen and University of Kentucky voting rights professor Josh Douglas have both stated that there is no legal grounds for such challenges. Additionally, voting rights attorney Marc Elias has affirmed that the Democratic nominee will still be on all 50 state ballots, with no basis for legal challenges.

The potential for lawsuits from Republicans could arise in states with specific rules regarding candidate substitutions, such as Nevada, Georgia, Wisconsin, South Carolina, and Ohio. However, the legality of such challenges remains uncertain, as primary elections are nonbinding and delegates ultimately control selecting a nominee. The Democratic Party’s rules only require delegates to reflect the sentiments of those who elected them, allowing for flexibility in nominating a replacement candidate.

Biden’s decision to step down from the race comes after mounting pressure following a poor performance at a presidential debate. The president’s endorsement of Vice President Kamala Harris as his successor has reshaped the Democratic race, prompting questions about the legal implications of candidate changes. As the situation unfolds, the possibility of legal challenges looms, but experts remain confident in the legality of Biden’s withdrawal.