Biden Bows Out: Stability Ensured in Succession Despite Exit

In a surprising turn of events, President Biden announced on Sunday that he would not seek re-election as the Democratic nominee, creating a whirlwind of activity within the Democratic Party. The party now faces the challenging task of selecting his replacement before the national convention in August.

Biden’s endorsement of Vice President Kamala Harris to succeed him comes just a month before the Democratic National Convention, allowing the party the opportunity to maintain its election schedule without creating chaos in the voting process. However, Republican threats to legally disrupt the nomination remain a concern.

Joshua Douglas, an election law expert at the University of Kentucky College of Law, explained that there is no way to mandate Biden’s name be printed on the ballot, as he was never the official nominee. Loyola Marymount University’s professor Justin Levitt added that any lawsuits by Republican partisans attempting to force this issue are unlikely to gain traction in court.

One major uncertainty lies in whether a majority of party delegates will support Harris, providing her a clear path to the nomination during the voting scheduled for August 19-22 in Chicago. Despite Biden’s endorsement, Harris stands on equal footing with any other potential candidates.

David Becker, Executive Director of the Center for Election Innovation & Research, pointed out that presidential primaries are internal party functions, and state laws do not influence how these processes unfold. Therefore, Biden’s delegates, who are now uncommitted, will vote according to their understanding of voter preference.

Becker emphasized that these delegates are loyal to Biden and are likely to follow his wishes.

Endorsements quickly poured in for Harris post-announcement. Prominent figures such as Pennsylvania Gov. Josh Shapiro, Massachusetts Sen. Elizabeth Warren, South Carolina Rep. Jim Clyburn, and Bill and Hillary Clinton, among others, expressed their support. Consequently, the campaign informed the Federal Election Commission (FEC) that Harris would now be running for president, and the campaign committee was rebranded as Harris for President.

The New York Times reported unanimous support for Harris from Tennessee’s 77 Biden delegates. Fundraising followed suit, with ActBlue processing $27.5 million in small-dollar donations within five hours of Biden’s withdrawal.

The Democratic National Committee had planned a virtual roll-call vote to confirm Biden’s nomination, but it remains to be seen if this will proceed as scheduled. Should the convention remain open, the delegates will select the party’s nominee there, ensuring Democrats meet state deadlines for ballot finalization.

Another pressing issue is the fate of Biden’s substantial campaign funds. Campaign finance attorneys highlight that Harris’s entitlement to these funds is clear, as she has been part of the campaign committee throughout. Contributions were made to both candidates, thus no fund transfer is involved.

Former FEC General Counsel Kenneth Gross and Campaign Legal Center Executive Director Adav Noti clarified that regulations requiring candidate contributions to be refunded only apply if neither Biden nor Harris remains on the ticket. The funds raised for the general election are isolated from those raised for the primary, which is still ongoing.

If Harris were not the ultimate nominee, the general election contributions would need to be refunded or reallocated legally.

Complexities may arise if Harris continues as vice-presidential candidate. Gross suggested a potential claim on the funds, albeit subject to challenges, whereas Noti believed the situation remains straightforward irrespective of Harris’s role on the ticket.

Despite possible Republican challenges, experts like Gross and Noti are confident in Harris’s right to use the campaign funds, indicating no substantial arguments against it so far.

Among Democrats, some discontent may surface over the decision, but election law experts like Douglas and Levitt believe this won’t impact the overall election procedures or the voter’s perception of party manipulation. Local election administrators, with many primaries still pending, will continue their preparations unaffected by this change.

This article was originally published by Votebeat, a nonprofit news organization covering local election administration and voting access.