WASHINGTON — Delegate Freedom and the Democratic Convention: What’s Changed with Biden’s Exit

In light of President Joe Biden’s surprising decision to withdraw from the 2024 Democratic presidential race, one fundamental element of the convention process remains unchanged: Democratic convention delegates retain the autonomy to vote for any candidate of their choosing, independent of the primary contest outcomes. This level of freedom starkly contrasts with the more stringent delegate constraints characteristic of the Republican Party.

According to the existing Democratic convention rules, delegates are primarily guided by the principle of "in all good conscience reflect the sentiments of those who elected them." This provision, designed to ensure delegates honor the will of their constituents, serves more as an ethical guideline than a binding mandate. Given Biden's overwhelming success in the primaries and the lack of significant opposition, the "sentiments" of the electorate were clearly aligned with his candidacy.

This discretion grants delegates significant latitude in their voting decisions, a fact that Biden himself acknowledged in a recent exchange with a reporter during a NATO news conference. "Obviously they’re free to do whatever they want," Biden stated, underscoring the delegates' unrestrained capacity to vote according to their own judgment.

The process of delegate selection under Biden’s campaign further complicates the scenario. The Biden campaign meticulously chose delegates who were known supporters, ensuring a certain degree of loyalty within the delegate pool. As a result, Biden's endorsement of Kamala Harris as his preferred successor is likely to influence these delegates. Nonetheless, it is crucial to recognize that this endorsement, while potentially impactful, does not constitute a formal directive.

The degree of delegate flexibility has been a feature of the Democratic process since the 1984 Democratic National Convention. Elaine Kamarck, a noted Democratic rules expert and the director of the Center for Effective Public Management at the Brookings Institution, elaborated on this in a recent interview on NBC News' "The Chuck Toddcast." Kamarck recounted that during the 1980 Democratic National Convention, delegates were bound to vote for specific candidates on the first ballot. This rule, designed to consolidate support for then-President Jimmy Carter, led to significant frustration among supporters of Senator Edward M. Kennedy of Massachusetts, who advocated for a "freeing" of delegates to vote according to their personal preferences.

Despite the efforts of pro-Kennedy advocates to amend the delegate rules at that time, their attempts were ultimately unsuccessful. However, subsequent to this convention, the language governing delegate freedom was quietly revised to grant delegates greater latitude in their voting choices.

This contrasts sharply with the Republican convention process, where delegate rules impose more stringent restrictions. On the Republican side, delegates are frequently bound to a nominee for a specified number of roll call votes, with the exact number varying according to state party rules. Any deviation from these state-mandated binding rules results in such votes being deemed "not recognized," thereby enforcing a more rigid adherence to the party’s nominee.

In conclusion, while Democratic convention delegates enjoy a degree of flexibility in their voting decisions—being influenced but not constrained by party endorsements—the Republican process entails stricter delegate binding rules. This distinction highlights the varying levels of autonomy afforded to delegates within the two major parties and underscores the unique dynamics at play in the Democratic nomination process, particularly in the context of Biden's unexpected departure from the race.