Leading conservative activist groups are preparing for a legal fight in case Democrats choose to remove Biden from the race, either before or after he becomes the nominee.
The Heritage Foundation, one of the most prominent and well-connected conservative activist groups in the United States, is preparing in case a sudden shuffle in the Democratic nomination list triggers a legal battle.
“We have been monitoring calls from across the country that President Biden should step down now or before the election, and have concluded that the process for transition or resignation is extremely complex,” Mike Howell, executive director of the Heritage Foundation’s Oversight Project, said in a statement. “We will continue to monitor to ensure that proper election integrity procedures are followed.”
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President Joe Biden walks off stage during the CNN presidential debate at CNN Studios in Atlanta, Georgia. (Justin Sullivan/Getty Images)
Heritage has already identified several states that could pose serious problems for Democrats if they move away from Biden after being named or nominated.
In a separate statement, the Oversight Project warned that “if the Biden family decides President Biden does not run for reelection, the mechanisms for replacing him on the ballot will vary from state to state, and some states could face pre-election litigation, making the process complicated and likely unsuccessful.”
“We expect concerns about election integrity to intensify this election cycle, so policymakers and the public need to be educated and aware of the contentious path ahead,” it added.
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Heritage noted that many states, including battleground states like Georgia, Nevada and Wisconsin, may not allow a paper ballot alternative.
In Wisconsin, candidates’ names are not allowed to be withdrawn from the ballot except in cases of death.
Nevada allows ballot changes up until 5pm on the fourth Friday in June of an election year, and also makes special allowances for candidates who have died or are deemed mentally incapacitated to campaign.
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US President Joe Biden and former President Donald Trump participated in the first presidential debate at CNN studios in Atlanta, Georgia. (Kyle Mazza/Anadolu via Getty Images)
Georgia will allow Biden to withdraw up to 60 days before the election. If he withdraws after that, his name will remain on the ballot but any votes for him will be invalid.
Other states have restrictions on when or why ballots can be withdrawn, and some have no prescribed procedures, creating danger zones for the possibility of replacing Biden.
