Democratic Response to Biden’s Withdrawal: Navigating Uncharted Waters and Unprecedented Challenges

An Unprecedented Scenario

The Democratic Party is confronting an exceptional situation in modern presidential politics: a major party’s presumptive nominee has opted to withdraw from the race in the summer preceding the election and prior to the formal nomination process. This extraordinary turn of events introduces a host of procedural and legal complexities. Fortunately, established party rules, campaign finance regulations, and state codes offer a framework to address these emerging challenges.

1. Release of Delegates

In contrast to the Republican Party, the Democratic Party does not mandate the release of delegates if a nominee withdraws. According to current convention rules, delegates are expected to “in all good conscience reflect the sentiments of those who elected them.” Given that President Joe Biden secured nearly unanimous victories in primary contests and faced minimal opposition, the sentiment towards him was unequivocal. Consequently, delegates are not formally bound to adhere to any directive from Biden’s campaign. However, since Biden’s campaign played a pivotal role in selecting delegates, his endorsement of Kamala Harris is likely to influence these delegates, although it does not carry legal compulsion.

2. Automatic Allocation of Delegates to Harris

The Democratic Party does not automatically allocate delegates to a successor nominee. Delegates remain unbound and retain the autonomy to decide their support based on personal preferences. As a result, Kamala Harris must engage in traditional campaigning efforts to persuade delegates to support her candidacy. While a number of state delegations and party leaders are rallying behind her, each delegate maintains the discretion to vote according to their individual choice.

3. Control Over Campaign Finances

In a significant development, Kamala Harris has effectively assumed control over the funds previously managed by Biden’s campaign. The campaign, originally operating under the name Biden for President, has rebranded as Harris for President, with Harris now officially recognized as the candidate. This transition includes access to the campaign’s substantial treasury, which concluded June with nearly $96 million. Although this situation is unprecedented in recent history and remains somewhat legally untested, most campaign finance experts assert that Harris is entitled to the funds. Prominent legal authorities, such as Campaign Legal Center President Trevor Potter, Heritage Foundation’s Hans A. von Spakovsky, and FEC Commissioner Dara Lindenbaum, support this position, affirming Harris’s right to the financial resources.

4. Virtual Convention and Ballot Access

The decision to hold a virtual convention remains uncertain. Initially, Democrats planned a virtual roll call due to concerns about Ohio’s nominee certification deadline, which was set for August 7 but has been extended. Although the old deadline remains on the books until September 1, some Democrats argue that a virtual convention could mitigate potential legal challenges related to ballot access. NBC News reports that the party may still opt for a virtual roll call in early August to ensure clarity on the nominee before the convention in Chicago.

5. Timing of Nominee Selection

The timeline for formally selecting the Democratic nominee is still in flux. If the party consolidates around Harris and proceeds with the planned pre-convention virtual roll call, she could be officially nominated before August 7. However, the Convention Rules Committee, which oversees the nominating process, has yet to finalize this plan. The committee’s forthcoming decisions on whether to advance the roll call or hold it at the convention will be pivotal.

6. Possibility of Additional Candidates

Despite substantial backing for Harris from prominent Democrats and governors, the possibility of additional candidates entering the race remains. Sources suggest that Senator Joe Manchin, who recently left the Democratic Party to become an independent, is still contemplating a run. Any new contenders would need to act swiftly, as the process requires submitting a petition with signatures from at least 300 delegates, with no more than 50 from any single state.

7. Candidate Affiliation Requirements

To run for the Democratic nomination, candidates must sign a pledge affirming their commitment to the Democratic Party’s values and interests. While Bernie Sanders ran as an independent in previous elections, the party likely would have accommodated him if he had won. Thus, any new candidates challenging Harris must demonstrate adherence to Democratic principles and loyalty to the party.

8. Ballot Access and Legal Concerns

Concerns regarding ballot access due to Biden’s absence from the top of the ticket have been raised by Republicans. However, the Democratic Party’s official nominee designation will be made at the convention. Most states, including those with initially conflicting deadlines, have indicated they will accept the party’s final nominee. Only Alabama and Ohio presented specific challenges, with both states adjusting their nominee certification deadlines. Replacing a nominee after selection could complicate matters, but as of now, Biden’s withdrawal has not officially altered the nominee status.

Conclusion

The Democratic Party’s response to President Biden’s unexpected withdrawal and Vice President Kamala Harris’s subsequent candidacy represents a defining moment in political history. Adherence to established rules and strategic adaptations will guide the party through these uncharted waters. As the party navigates these challenges, the upcoming weeks will be crucial for finalizing Harris’s nomination and preparing for the general election.