Top Conservative Think Tank Vows to Make it 'Extraordinarily Difficult' for Dems to Replace Biden By Filing... Lawsuits"

[LetMyPeopleVote]

Ballot access litigation is very strange. It is not easy to get onto the ballot for third parties and there are traps even for the two main parties. The GOP and the Heritage Foundation are hoping that President Biden is removed from the ticket so that they can try to keep President Biden's replacement off the ballot in swing states.

Link to tweet

https://www.mediaite.com/biden/top-conservative-think-tank-vows-to-make-it-extraordinarily-difficult-for-dems-to-replace-biden-by-filing-swing-state-lawsuits/

Heritage Foundation has vowed to do everything possible to keep Democrats from replacing President Joe Biden as the party’s presidential nominee.

Approximately four months ago, the conservative organization began researching laws in states for replacing nominee in key swing states, according to a report from NOTUS. Staffers for Heritage’s Oversight Project compiled the report back in April and released it ahead of the debate.

“If the Biden family decides that President Biden will not run for re-election, the mechanisms for replacing him on ballots vary by state,” reads the memo. “There is the potential for pre-election litigation in some states that would make the process difficult and perhaps unsuccessful.”

The organization’s Oversight Project Executive Director Mike Howell said, in a statement to NOTUS, they would make the process for replacing Biden “extraordinarily difficult.”

“We’ve zeroed in on a few states that we think are the best case,” Howell told the news outlet without naming the specific states. The memo, however, identifies Nevada, Washington, and Georgia as the most likely states to use litigation to stop a new Democratic nominee from replacing Biden on the ballot......

“The problem that any potential replacement for Joe Biden would likely run into is that in many states, including in several key states, the deadline for getting on the ballot has already passed,” said Zack Smith, a senior legal fellow at Heritage, in a statement to NOTUS. “Or in many states, the process for replacing a candidate currently on the ballot just isn’t clearly defined because it happens so rarely.”

[BlueWaveNeverEnd]

1. they obviously don't think they can win on the issues. got to keep Dems/abortion off the ballot

gotta keep voters from voting too

[LetMyPeopleVote]

2. Right-Wingers Plan to Make it Difficult for Democrats to Replace Biden

This plot is being widely discussed in part because the GOP/Heritage assholes have the law on their side

Link to tweet

https://www.rollingstone.com/politics/politics-features/heritage-foundation-biden-replace-1235053325/

In a June 21 memo, the Heritage Foundation astutely predicted that Democrats might wish to force out Biden “if he freezes at [the] debate.” Noting that “the mechanisms for replacing him on ballots vary by state,” the memo says: “There is the potential for pre-election litigation in some states that would make the process difficult and perhaps unsuccessful.”.....

A senior source involved with Donald Trump’s 2024 effort to win the presidency and another person working with the Heritage-based Project 2025 (the conservative policy agenda project) tell Rolling Stone that the point of these legal attack plans and potential blitz of challenges isn’t necessarily to win.

A key point, the sources say, would be to weigh down the Democratic nominee, the national party, and their legal and political allies in as many unique court battles and sideshows as possible — so that the Democratic Party would have to waste resources and time on those matters when liberals would want to be laser-focused on, say, the battleground states that will likely decide whether Trump returns to power.

“Team Biden — or Team whoever — is going to be getting hit on all sides between now and Election Day,” the first source says. “Every legal and political weapon is on the table.” Still, the sources add, they do generally feel more confident in their legal theories than in the past, since Trump stacked the judiciary with right-wing jurists.....

Howell continues: “I don’t think anybody, myself included, can say how this will shake out because it is all so time-dependent and fact-dependent on what happens between now and the [Democratic] convention.” However, he says, “there are options for litigation and plenty of legal opportunities for us if an improper switcheroo were to occur … In the aggregate, the legal skeptics are incorrect that there would likely be some sort of seamless switcheroo that would happen without legal challenges.”

“We are standing ready to sue in the event a switch is done improperly,” he adds. “If they do it properly, we won’t sue. But if certain election integrity issues are at play, we will be very active.”

[haele]

3. What coincidence....Actually, a bit ahead of schedule.

To think Democrats, the Democratic donors, and Democratic pundits couldn't see this coming after the 2020 election?
Actually they're (Heritage, wanna be Oligarchs, and all the fellow travellers wanting to Remake America into a a cluster of mini-corporate Nationalist districts tipping their hand too early. They just want Plantation States. A small group of wealthy investors, business titans, and landowners and the rest of the country will be worker-bees. And they seem to have gotten giddy with the Supreme Court ruling.

Haele

[shrike3]

4. Yep. It's a trap, and we're walking right into it.

[Emile]

42. +2

[LetMyPeopleVote]

6. Democrats Might Not Be Able to Replace Joe Biden on Ballot in These States

The Democrats may be out of luck in Nevada, Georgia and Wisconsin if the idiots succeed in getting President Biden replaced.

Link to tweet

https://www.newsweek.com/donald-trump-joe-biden-presidential-race-replacing-biden-georgia-nevada-wisconsin-1919531

Conservatives are planning to mount a major legal challenge if Democrats seek to replace Joe Biden as their presidential nominee.

The Heritage Foundation, one of America's largest conservative groups, is already getting challenges ready in battleground states should Joe Biden agree to step aside. It views swing states Wisconsin, Georgia and Nevada as likely arenas for legal challenges, given the complexity of switching presidential candidates in those states......

The foundation has already identified multiple states in which a switch away from Biden before or after the nomination could mean serious trouble for the Democratic Party.

The Heritage Foundation's Oversight Project said in a separate statement that the mechanisms for replacing Biden vary by state. "There is the potential for pre-election litigation in some states that would make the process difficult and perhaps unsuccessful," it said.....

According to the Heritage Foundation's research, Georgia, Wisconsin and Nevada may prove particularly difficult for Democrats.

It said that only death can remove a candidate's name from a Wisconsin ballot, while Nevada's deadline for changing candidates ended at 5 p.m. on the fourth Friday of June - in this case, June 28, 2024.

It also allows special consideration beyond that deadline if the candidate is mentally incapacitated - a potential legal minefield that could consume months of legal argument.

Georgia allows candidates to withdraw up to 60 days before an election. If Biden withdrew after that date, which would be in early September, his name would remain on the ballot, but votes for him wouldn't count.

The Heritage Foundation states that some other states have no procedures to guide the replacement process, which would also open up huge areas of potential litigation by Republicans.

[Cha]

33. Then It's Settled.. PJB is our Guy &

magas can in Retrospect Be Careful What they wish for.

TY!

[LeftInTX]

7. Abbott will write an executive order demanding the use of the word "Elector" in place of a name.

His order will state: "Due to Democrat Party's voter disenfranchisement infighting and indecision, the word "Elector" shall be used. Many Democrats are dismayed that their choice will not be on the ballot. However, "Elector" will allow them to vote for their candidate".

The Supreme Court will uphold this unfortunately.

[LetMyPeopleVote]

14. I know Greg and Ken Paxton

They will be happy to try to screw the Democratic Party in order to hurt down ballot candidates

[LeftInTX]

15. 100% absolutely. And will use the term "Democrat Party" in his EO.

The SCOTUS will uphold using the word "Elector" because there are no laws requiring that the candidate's name be on the ballot.

[LetMyPeopleVote]

8. The Democrats cannot afford to write off Nevada, Wisconsin and Georgia

[LeftInTX]

10. We can't afford to write off any state!

Down ballot depends on it!

Heck, our sheriff won't even win and he's the most popular guy in town.

[MistakenLamb]

40. which is why the party will nominate Joe Biden later this month

it is imperative to re-elect senators like Sherrod Brown regardless of how red Ohio issues

[Azathoth]

9. But I thought Biden had "weathered the storm" and the GOP and "corporate media"

were terrified of him

[LetMyPeopleVote]

11. Strategic lawsuits can have ulterior motives

The GOP and the Heritage Foundation are hoping that the idiots in the party who are demanding that President Biden is replaced succeed and so that they can use these lawsuits. Removing President Biden from the ticket is a very stupid idea but that will not stop the GOP/Heritage Foundation from suing to take advantage of this stupidity

[tanyev]

12. They should change the GOP mascot to Wile E. Coyote.

[Zeitghost]

13. How are any ballots locked in

When the parties haven't had their nominating conventions?

[LeftInTX]

16. They will use lawsuits...

Abbott will just change the word to "Elector" and call it a day. There is no federal law that states the candidate's name needs to be on the ballot.

[Zeitghost]

22. The nominee coming out of the convention will be on every ballot in the country

n/t

[LeftInTX]

24. Abbott can write an EO. You don't know the guy.

He's done all sorts of dirty tricks to mess with the timing of special elections. That's his specialty. If it's a Democrat, he will say, "Due to the reprehensive behavior of the person who vacated this position I'm ordering an emergency special election in 14 days" . All he has to do write an EO stating that "Due to the disenfranchisement of Democratic voters by the Democratic Party, I am ordering that the word "Elector" appear on the ballot as a substitute or the Democratic candidate. This will allow them to vote for their candidate" You don't know how these people operate. They have no morals. There is no federal law that indicates the candidate's name be on the ballot, so SCOTUS will allow it.

[Zeitghost]

26. They can try

But at the end of the day, whomever the Party nominee is, they will be on every ballot.

[LeftInTX]

31. Who would stop Abbott??? Name someone or an agency or group

SCOTUS won't stop him. He answers to no one.

[Celerity]

34. Exactly, Ohio had the furthest up deadline, but even they switched their deadline to August 31 after DeWine called

a special session of the OH legislature and it passed.



https://www.usnews.com/news/politics/articles/2024-06-03/ohios-republican-governor-signs-measure-ensuring-biden-appears-on-the-fall-ballot

[Zeitghost]

44. State law governs the election and yes, names are required in TX...

SUBCHAPTER B. PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDATES
Sec. 192.031. PARTY CANDIDATE'S ENTITLEMENT TO PLACE ON BALLOT. (a) A political party is entitled to have the names of its nominees for president and vice-president of the United States placed on the ballot in a presidential general election if:
(1) the nominees possess the qualifications for those offices prescribed by federal law;
(2) the party's state chair signs a written certification of:
(A) the names of the party's nominees for president and vice-president; and
(B) the names and residence addresses of presidential elector candidates nominated by the party, in a number equal to the number of presidential electors that federal law allocates to this state;
(3) the party's state chair delivers the written certification to the secretary of state before the later of:
(A) 5 p.m. of the 71st day before presidential election day; or
(B) 5 p.m. of the first business day after the date of final adjournment of the party's national presidential nominating convention; and
(4) the party is:
(A) required or authorized by Subchapter A of Chapter 172 to make its nominations by primary election; or
(B) entitled to have the names of its nominees placed on the general election ballot under Chapter 181.
(b) If the state chair's certification of the party's nominees is delivered by mail, it is considered to be delivered at the time of its receipt by the secretary of state.

https://statutes.capitol.texas.gov/Docs/EL/htm/EL.192.htm

[LeftInTX]

45. Abbott can override state law. He has done it before.

And if it goes to court, the state supreme court will back him 100%.

[Zeitghost]

46. Then why hasn't he kept Dems off the ballot yet?

n/t

[LeftInTX]

48. In every other race, we vote for the candidate. President is the only race where we vote for the "elector"

Abbott will just give "democratic disenfranchisement" as a reason to punish everyone. He punished everyone when Carlos Uresti resigned. Normally the election would have waited until November since they were not in session, but since Carlos was going to prison, he moved the election to August. The Democrats lost the seat to Elmer Fudd (Pete Flores) Abbott always does that stuff.

[Zeitghost]

49. How many Democratic Nominees (or any major party nominees)

Has he or any other TX Gov. kept off the ballot?

[LeftInTX]

50. Always a first time for everything.

It's gotten more and more polarized.
Abbott is plain old vindictive, however he didn't start out that way. This will be his third presidential election...2016, 2020 and now this one. The real crazy stuff happened after 2020. Keep in mind what they did in other states after the 2020 election. Texas went full voter suppression in 2021.

[Zeitghost]

52. There have been issues

But none approaching denying a major party nominee their place on the ballot as required by law.

If and when it happens you are free to call out my error. But I'd be happy taking a bet at just about any odds that the Democrat that comes out of the convention as the nominee will be on the ballot, be it President Biden or anyone else.

[RockRaven]

29. Have you met the Roberts Court?

Facts, logic, the words on the page, etc don't matter. If the matter comes before them, they do what they want.

[czarjak]

17. If they're not cheating, they're not trying.

They're trying.

[Jeebo]

18. A caller on Thom Hartmann's show said this the other day.

She said there would be all kinds of court challenges to another Democratic presidential candidate on some state ballots. She was saying this as an argument against replacing Biden on the ballot. Sixty-plus court challenges four years ago? This time there might be 120-plus court challenges. I'm inclined to think we should stick with Joe Biden. Let's not give them more ammunition for court challenges to a Democratic win. It's too late to be changing. Too many things could go wrong. If we stick with Biden/Harris, the one thing that really scares me is if Biden has another really bad debate performance in September. Got to make sure that doesn't happen. Although, another somebody on John Fugelsang's show said that if Biden were like Captain Christopher Pike on Star Trek, who was only able to answer yes-no questions with a blink of a light on his wheelchair, he STILL would be vastly preferable to that orange con man. I feel exactly the same way; that orange con man has turned me into a yellow dog Democrat. If the Democrats were to nominate a yellow dog, I'd STILL vote for him.

I'm kind of rambling now, so I'll shut up. But, I'm trying to figure out, what is NOTUS? Native of the United States? Notary of the United States? News of the United States? I won't be able to sleep tonight if I don't know ...

-- Ron

[I_UndergroundPanther]

19. Ok

When will we declare the heretige foundation a hate group or terrorist organization?

[Hekate]

20. So I flick on the tv for a moment and there's Michael Moore, concerned about Biden's incapacity...

Or as I like to say here, “He is concerned. So very, very concerned. “ Moore talks compassionately about your aged parents and grandparents, and he is concerned.

Sorry I couldn’t watch more.

What hell is our side doing to ourselves?

[LetMyPeopleVote]

21. Ayman and Michael Moore are assholes

I stopped watching Ayman a while back

Link to tweet

[Hekate]

25. Yes, yes they are. God help us all.

[Cha]

35. Here's a thread on Moore you might Appreciate, Hekate..

https://www.democraticunderground.com/100219113934

[Hekate]

36. Thanks, Cha

[Initech]

23. Hey Heritage Foundation - the White House is not your plaything!

And it will never be! So go shove those lawsuits you know where!

[OAITW r.2.0]

27. Cool, let them litigate what won't happen.

A bunch of really stupid people who think they can run a country when they can't manage a campaign.

[Silent Type]

28. I thought GOPers wanted Biden off ballot. Guess not.

[valleyrogue]

30. This is totally moot.

Biden isn't leaving, and he isn't going to be replaced.

As usual, the Heritage Foundation is made up of a bunch of idiots with a lot of hubris.

[Ms. Toad]

37. I'm pretty sure none of the deadlines have passed for the major parties to name their candidates.

Ohio was one of the really early ones, and it was changed to a date after the convention. I've only been specifically paying attention to Ohio, but I'm pretty sure they resolved the matter so that none of the deadlines fell before the convention.

At this stage of the game, the question isn't replacing Biden on the ballot - he isn't formally on the ballot in any state yet.

[LetMyPeopleVote]

55. Nevada, Georgia and Wisconsin may be real problems

https://www.democraticunderground.com/100219114429#post8

[Ms. Toad]

56. Nope.

He is not on the ballot anywhere yet, since he has not yet been nominated yet. If there is a problem for someone other than Biden, the exact same problem exists for Biden.

The rules being discussed there have nothing to with major party nominations for federal office.

[LetMyPeopleVote]

57. The lawyers representing the GOP and the Heritage Foundation disagree with your claim

Ballot access laws are weird. I am advising my county party on whether they can replace a candidate who won his primary under Texas law. There are some hard deadlines under all state laws which is why the DNC has to do a voice vote on President Biden by August 7 to get the Biden-Harris ticket onto the ballot in Ohio. In Texas we have to deal with the printing and mailing of overseas ballots and some fun things like doing blind draws for placement on the ballot.

The litigators at the Heritage Foundation think that they have a good shot of keeping a Biden replacement off the ballot in Georgia, Nevada and Wisconsin or otherwise delaying things so that voters will be confused. In either case, this litigation will hurt any Biden replacement.

Link to tweet

https://www.foxnews.com/politics/heritage-working-election-legal-challenges-case-biden-pulled-from-dnc-nomination

The Heritage Foundation, one of the United States' most prominent and well-connected conservative activist groups, is laying the groundwork in case a sudden switch-up in the Democratic roster sparks a legal war.

"We are monitoring the calls from across the country for President Biden to step aside, either now or before the election, and have concluded that the process for substitution and withdrawal is very complicated," Executive Director of The Heritage Foundation’s Oversight Project Mike Howell said in a statement. "We will remain vigilant that appropriate election integrity procedures are followed.".....

Heritage points out that many states — including swing states such as Georgia, Nevada and Wisconsin — might not allow a replacement on the ballot.

Wisconsin does not allow a candidate's name to be withdrawn from the ballot except due to death. Nevada allows changes to its ballot up until 5:00pm on the fourth Friday of June in the election year — it also allows special consideration for if nominees die or are determined to be mentally unable to proceed.

Georgia would allow Biden to withdraw up to 60 days before the election. If Biden withdraws afterward, his name would remain on the ballot but votes for him would be discarded.

This will be strategic type litigation where the Heritage Foundation may win by delaying and confusing things. As you know, TFG has used this type of litigation to delay his trials until after the election. Here any delay or uncertainty will work to TFG's advantage.

You are welcome to disagree with the Heritage Foundation lawyers but they are happy to do their best to delay or keep a Biden replacement off the ballot in key states.

[Ms. Toad]

58. All of the hard deadlines were dealt with prior to the current kerfluffle.

The laws you are citing are for replacing someone on the ballot (replacement, withdrawn, etc). Not for putting them on the ballot in the first place. Biden is not yet the party's candidate, nor is he on on the ballot anywhere yet. Biden would not be on the ballot in Texas simply because he won the Texas primary. He would be on the ballot in Texas only if he is properly nominated by the Democratic Party - at the convention (or sometime sooner by remote roll call).

Every state I'm aware of (and I've worked in election law in a majority of the states) have separate rules for a federal candidate from a major party. And all of the laws you (and anyone else) have cited deal with rules for replacing a candidate; not for an initial party nomination. If you read the Heritage Foundations language, although it is deliberately intended to be scary, they actually acknowledge that their fear-mongering only applies to replacements. Not to the initial party nominations.

Here is the deadline for the nomination by a major party for its presidential candidate in Texas.

Sec. 192.031. PARTY CANDIDATE'S ENTITLEMENT TO PLACE ON BALLOT. (a) A political party is entitled to have the names of its nominees for president and vice-president of the United States placed on the ballot in a presidential general election if:

. . .

(3) the party's state chair delivers the written certification to the secretary of state before the later of:

(A) 5 p.m. of the 71st day before presidential election day; or

(B) 5 p.m. of the first business day after the date of final adjournment of the party's national presidential nominating convention;

In other words, the party (and its rules) are in charge of who it places on the ballot - as long as it meets the relevant deadlines.

Now, as to changing later - I have not researched those laws, but I suspect that would be more problematic scenario. You may be thinking about that scenario, but the chatter I'm responding to is people who either (1) believe Biden is already on the ballot or (2) believe the rules for changing a candidate apply even before the more specific major party nomination rules require.

All of the deadlines for the getting the Democratic Party candidate on the ballot after the convention were dealt with by June 2, when Dewine signed the Ohio law extending the ballot deadline. Whatever candidate the party nominates at the convention (or before if they hold the remote vote) will be on the ballot in all 50 states.

. . . if the party attempt a change after that, all bets are off.

[LetMyPeopleVote]

59. The topic of this thread was the Heritage Foundation planned litigation if President Biden is replaced as the nominee

The posts on this thread are very clear that the Heritage Foundation is planning on suing only if the Democratic Party attempts to replace President Biden. Again, the posts on this thread are clear that the only time that the Heritage Foundation and the RNC are planning to sue will be if there is an attempt to replace President Ballot as the party's nominee. The posts on this thread are very clear on this. Contrary to your amusing assertion, there are risks that a new nominee may have trouble getting onto the ballot in Georgia, Nevada and Wisconsin.

The only state that has a deadline for President Biden and VP Harris that needs to be addressed is Ohio which is why there will be vote on or before August 7 to comply with Ohio law. To comply with the Ohio deadline, the DNC will hold a vote prior to the convention to nominate President Biden and VP Harris. The DNC has elected not to contest the Ohio deadline.

There will be litigation this cycle. I am meeting with a group of election law attorneys on Friday to coordinate and plan for the upcoming general election. There are idiots in Texas who want to hand count all ballots which is against Texas election law. Harris County had two hundred plus poll watchers for the 2022 cycle and want to have 500 poll watchers for 2024. It is going to be interesting. Unfortunately, two election lawyers working for the State Democratic Party have resigned and so there will be more work for county parties.

[Ms. Toad]

60. Well, that is extremely premature. You can't replace someone who has not yet been named.

Until after the convention (or such other means by which the Democratic party chooses its nominee), Biden isn't being replaced - because he is not yet named. I have not heard anyone suggest waiting until after the convention to dump Biden. All of the discussion - and the multiple threads on this topic (including the discussion in this thread) is focused on switching candidates now, before the convention - and people engaged in the discussion are using "replacing" Biden as if naming a different person at the convention (or before) is "replacing" him. It's not, from the perspective of the applicable laws.

But that is what the scary laws being cited address - an after-convention switch.

As for Ohio, the law is effective on the date it needs to be in order for the Democratic Party to submit its candidate after the convention. There is no leeway for error, however, since it becomes effective on the new due date for the party's nomination: September 1. It is not necessary to hold a remote roll call, but given the tight timing it is certainly not unreasonable.

And I'm not disputing that there will be litigation this election season.

What I'm addressing is the repeated inappropriate use in this thread - and many others - to refer to the scenario currently being discussed - naming a candidate other than Biden at the convention (or via an earlier roll call vote) - as a scare tactic against those who believe Biden should step aside. As I said, I haven't heard a single person suggesting waiting until after the convention to name someone else (which is when the statutes regarding changing a candidate might have an impact.

[LetMyPeopleVote]

61. Neither I nor the DNC agree with your analysis

The lawyers at the Heritage Foundation have been busy planning a litigation strategy based on and designed to block any attempt to change President Biden as the nominee of the party. The Heritage Foundation does not care about silly attempts at distinction about President Biden not being the official nominee of the party. There will be litigation if the party tries to change candidates which is the subject of this thread.

As for the amendment of the Ohio law, you noted this

As for Ohio, the law is effective on the date it needs to be in order for the Democratic Party to submit its candidate after the convention. There is no leeway for error, however, since it becomes effective on the new due date for the party's nomination: September 1. It is not necessary to hold a remote roll call, but given the tight timing it is certainly not unreasonable.

Luckily the DNC and other lawyers read the Ohio amendment and note that it is not effective until after President Biden would have been excluded from the Ohio ballot. Luckily the DNC has lawyers who read the Ohio amendment and understand the concept of effective date.

Link to tweet

Link to tweet

A reminder that they did no such thing. The law DeWine signed doesn't go into effect until SEPTEMBER 1ST, 3+ weeks AFTER the current deadline of AUGUST 7TH. So Democrats are right to make sure Biden gets on the ballot by holding an early vote and NOT TRUSTING CORRUPT OHIO REPUBS

I agree with the DNC's attorneys on this issue of statutory interpretation, and I would not trust the Ohio republican party or the Heritage Foundation to accept your interpretation of this law. The DNC's legal counsel is correct in holding a vote before August 7 and I doubt that you will be successful in changing their minds.

Again, this thread is based on the well documented plans of the GOP/RNC/Heritage Foundation to sue and attempt to block any attempt to replace Joe Biden as the nominee of the party. Any discussion of plans to replace President Biden as the nominee needs to take these litigation plans into account and no one cares about silly attempts to make distinctions about when President Biden or another party become the formal nominee of the party

[Ms. Toad]

62. Again. You can't change, or replace, something that does not yet exist.

Biden is not yet the nominee. It is not a silly distinction, it is a legal one. Voters choose delegates, who (along with other delegates) choose the nominee. Nothing is guaranteed until after the process takes place.

Warning about the possibility we might not have our candidate on the ballot if Biden isn't the nominee, without making a distinction between choosing a different nominee at the convention (or sooner by remote roll call) and replacing him after his name has been submitted to the various secretaries of state is fearmongering, pure and simple. Especially when it is being touted in a space like DU, where ignorance of the law runs pretty high.

As to Ohio, the law has been passed. It is in the period where it is just sitting waiting to take effect, which it will before the new deadline in the law. So even if the nominee has not been submitted before August 7, by the time the ballots are being prepared for the November 7, the date in the new law will govern the date by which parties were required to submit their nominations. It's not unreasonable to try to make the earlier deadline by a remote roll call - out of an abundance of caution. But it is not necessary - and, at this point, seems to be being done primarily to shut down the calls for Biden to step down by creating a new artificial date.

[LetMyPeopleVote]

63. I live in the real world where sematic games are dismissed as silly

The Heritage Foundation does not care about any silly distinctions between replacing President Biden on the ticket or nominating someone other than President Biden as the nominee. The Heritage Foundation is planning on filing numerous lawsuits to keep any person other than Joe Biden off the ballot in a number of states. The Heritage Foundation will be filing these lawsuits without regard to any sematic arguments as to whether President Biden is being replaced or whether a person other than President Biden is being place on the ballot as the nominee. No one in the real-world cares about silly sematic distinctions and these silly sematic games will NOT stop the Heritage Foundation from filing the contemplated lawsuits if President Biden is not the Democratic Party's nominee.

Again, I have been volunteering on voter protection efforts since 2004 (I was actually scheduled to go to Florida in 2000 before Bush v. Gore came down). In 2016, I ran for and was elected to be Clinton delegate to the 2016 National Convention. Being a delegate to a national convention is a once in a lifetime accomplishment. One of the proudest moments of the 2016 National Convention was when I cast my ballot for Hillary Clinton and when the Chairman of the Texas Democratic Party announced the results of the vote of the Texas delegation.

The DNC decided that a virtual roll call vote before the national convention is necessary due to concerns about the Ohio law and concerns about the litigation will likely result if there is not a virtual roll call vote prior to the August 7 deadline. This is a major change as to how the convention process works. https://www.washingtonpost.com/elections/2024/07/17/biden-democratic-roll-call-nomination/

Democrats in May moved their nomination plans forward to meet Ohio’s Aug. 7 ballot deadline. Ohio lawmakers subsequently passed a law temporarily changing the deadline to early September to ensure that Biden would be on the ballot. But the DNC decided to still hold a virtual roll call, arguing that it could not trust Ohio GOP leaders to adhere to the new timeline.

In a letter Wednesday, co-chairs of a DNC panel overseeing convention rules suggested that the Ohio situation opens them up to “litigation about the efficacy of our filings.”

“We believe a virtual element is the wisest approach because it ensures ballot access in the states that we need to win in November and avoids potential risks if there is delay in the process,” the letter states.

It goes on to list five states — Oklahoma, Washington, California, Virginia and Montana — with mid- to late August ballot deadlines that the letter contends would be hard to meet if the party waited until the Aug. 19 convention to nominate a candidate.

Given the threats by the Heritage Foundation and others, the DNC has made this change. You are free to disagree with the legal conclusion made by the DNC's lawyers, but it is the DNC and its lawyers who would be the ones litigating the issue in Ohio and the other states listed above. I personally agree with the DNC's lawyers on this issue.

I met President Biden twice at fundraisers in 2019 and I supporting President Biden now. I voted for President Biden in the 2020 and 2024 Texas Democratic primaries. I think that removing or replacing President Biden as the nominee would be mistake and I do not care about any sematic arguments as to how to describe such an action. The fact that the Heritage Foundation and the RNC are planning to file numerous lawsuits is an important consideration in deciding as to whether remove or replace President Biden as the Democratic Party's nominee. The Heritage Foundation will not care about any sematic arguments and will do their best to keep any person other Joe Biden off the ballot in a number of states. The issue is not how one describes the possible change in the Democratic Party's nominee but what is best for the Democratic Party and our country.

[PortTack]

38. Just like the midterms...they declared a red wave, we all know how that turned out.

They are Twisting themselves into pretzels…at first their strategy was to get rid of JRB because they knew he would win, and will. Now, they’ve convinced themselves someone else could win. This is the stupidest thing they’ve done yet!

They think they’re so stealth…what a joke

[ancianita]

39. Won't the Biden nomination at the Democratic Convention in Chicago prevent state ballot court battles?

Illinois and JB Prizker ain't havin' no open convention battles.

[BoRaGard]

41. A-holes

The repubes know that most decent folks recognize that the G.O.P. is corrupt to the core, and pissing all over the Ten Commandments while demanding that everyone else OBEY.

[ucrdem]

43. File away comrades

Добрый день

[LetMyPeopleVote]

47. What's conveniently missing from every elected official's statement calling for Biden to dropout.

Link to tweet

What’s conveniently missing from every elected official’s statement calling for Biden to dropout.

🚨🚨🚨Republicans plan to sue in order to keep the Dem alternative off of the ballot in every state that matters in this election — battleground states.

What’s the path to victory then?

[Think. Again.]

51. My nieghbor down the block...

...is making it extremely difficult for me to blow up my newly built, uninsured house by threatening to borrow my pruning shears.

[Captain Zero]

53. Hope they spent retainer money already

Because Joe is running.

[LetMyPeopleVote]

54. MAGAs Have a Plan Ready to Keep Any Replacement Off Ballots in November

Link to tweet