Politically and mechanically, it is nearly impossible to
believe that Democrats would or could forcibly prevent Biden from becoming the
nominee.
Right now, Biden is the only candidate for
whom those attending the Democratic convention can even vote.
He received 99% of his party’s delegates in the primaries,
and Democratic delegates have pledged to back whoever won their state’s contest
in the first round of voting.
Democratic National Committee (DNC) rules require delegates
that Biden won to pledge their support for his nomination unless Biden were to
willingly decide to step down and free his delegates for another
candidate.
Before the convention opens on August 19, the DNC could
change the rules to block Biden, but that would require a level of political
support hard to imagine. A battle between pro- and anti-Biden factions at a
convention to unseat him is highly unlikely to happen.
But the possibility is conceivable that party leaders,
including former Presidents Obama and Clinton, might be convinced to talk
to Biden about dropping out, Democratic sources told The Hill.
Biden ultimately puts the most value on advice from first
lady Jill Biden and his sister, Valerie, two people who are largely
considered the only voices who could truly change his mind.
A situation unique to 2024 may give party leaders even less
time to sort out who will be the nominee than they normally would have. Ohio
state law requires its ballot to be certified 90 days prior to the
election. This year that falls on August 07, almost two weeks before the
convention starts.
Despite Ohio state lawmakers trying to pass a bill to fix
the issue, they deadlocked, leading DNC leaders to decide to virtually
nominate Biden in advance of the deadline and the convention. If they plan to
follow through on this, any change in the nominee would need to happen before
Ohio’s deadline if the candidate is to be on the ballot in the state,
notwithstanding a fix from Ohio lawmakers.
On
Friday, party leaders were coalescing around Biden and not
giving any signal that they might privately push for him to drop out.
His campaign, the White House and surrogates have pushed
back forcefully on the idea, but others said if polls show his performance is
hurting down-ballot candidates, it could become a real subject.
The natural successor to Biden would be Vice President
Harris. But she wouldn’t be the automatic replacement, if Biden were to drop
out.
While Biden won the primaries, his support won through those
contests cannot be bestowed by Biden on Harris.
Harris
would instead, at the convention or sooner, compete with other potential
candidates who might see themselves as stronger candidates than the vice
president against presumptive GOP nominee, former President Trump.
According to its bylaws, the DNC has general responsibility
for the affairs of the party between national conventions, and those
responsibilities include filling vacancies in the nominations for the office of
the president and vice president.
If
Biden exited, there would be a vacancy, and Harris would be the logical
successor.
Politically, some said it was hard to believe, at this
stage, that someone could replace Harris if Biden wanted her to be his
replacement on a ticket. But there would almost certainly be prospective
politicians, such as California Gov. Gavin Newsom or Michigan
Gov. Gretchen Whitmer, who might try.
“This is the bigger pickle to replacing Biden. I don’t see
the Democratic coalition surviving intact if Harris is not on the top of the
ticket, and it’s hard to assure that would be the party consensus if they
replace Biden,” a former DNC official said.
If there were more than one Democratic candidate vying to
replace a withdrawn Biden as the party’s nominee, those prospective candidates
would likely need to fight it out with state delegations at the August
convention in Chicago.
This would set up a scenario that hasn’t been seen in
American politics in decades: A contested convention that actually selects the
party’s nominee.
Conservative groups have suggested they will file lawsuits
around the country, potentially questioning the legality of the Democratic
candidate’s name on the ballot, in such a situation.
But in an interview with the Associated Press, Elaine
Kamarck, a senior fellow in governance studies at the Brookings Institution in
Washington, noted the courts have consistently stayed out of political
primaries as long as parties running them weren’t doing anything that would
contradict other constitutional rights, such as voter suppression based on
race.
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