Even before President Joe Biden’s long-speculated withdrawal from the 2024 presidential race, allies of former President Donald Trump floated the possibility of suing to block Democrats from having anyone other than Biden on the ballot in November.
But election administration and legal experts said the timing of Biden’s exit on Sunday makes it unlikely that any Republican ballot access challenges will succeed, with some calling the idea “ridiculous” and “frivolous.” Democrats are on safe legal ground as they identify a new standard-bearer, they say, because the party hasn’t officially chosen its nominee. That typically occurs with a vote of delegates at the party’s convention.
“It’s ridiculous for people to talk about ‘replacing Biden.’ He hasn’t been nominated yet,” said Richard Winger, a leading expert on state ballot access laws and the longtime editor of the “Ballot Access News” newsletter.
Given the bizzaro timeline we’re in it would not surprise me to get a crazy outcome:
- GOP lawsuit wins, forcing the ballot to be Biden
- Biden wins the general election, immediately resigns and…
- Harris is the President.
What would be really hilarious is, I think that would allow her to serve two more 4 year terms after her 2025-2029 term ends because she would not have run as President the first time.
What would be really hilarious is, I think that would allow her to serve two more 4 year terms after her 2025-2029 term ends because she would not have run as President the first time.
That’s incorrect. The 22nd amendment states: “no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once”. So unless Biden would wait for at least two years before stepping down, Harris could only be elected for one more term.