Someone has just pointed out that the time has passed to switch candidates

[JohnSJ]

We will actually not be on the ballot in those states if we tried that maneuver

"Below is from https://www.dailykos.com/stories/2024/7/7/2252259/-We-will-lose-Nevada-Georgia-and-Wisconsin?pm_campaign=front_page&pm_source=trending&pm_medium=web
and https://www.nass.org/sites/default/files/surveys/2020-07/research-ballot-access-president-Jan20_0.pdf
and https://www.newsweek.com/donald-trump-joe-biden-presidential-race-replacing-biden-georgia-nevada-wisconsin-1919531

Nevada:

Nevada does not allow a candidate to be replaced after the fourth Friday of June. Oops. We missed that deadline. If Biden drops out, there go all of the Dem votes for that state. Biden would be left on the Nevada ballot, and we just would not have a running Dem on the ballot there.

Georgia:

Georgia allows a candidate to withdraw from the ballot up to 60 days prior to the election. However, no new candidate will be placed on the ballot and all votes for the withdrawn candidate will not be counted towards a new candidate. There go all the votes for Biden.

Wisconsin:

Wisconsin only allows for death to remove a candidate from the ballot."

But wait, there’s more!!!!

https://www.democraticunderground.com/100219168561#post41

So unless those asking Biden to step aside can show that we will not be allowed certain states ballots, perhaps they need to take a step back

[tazkcmo]

1. Of course they know this and the campaign finance rules

They want Biden to lose.

[DoBW]

24. all together now

[Think. Again.]

2. I hope that's over now, and I hope everyone took names.

[DarthDem]

3. I support Biden or Harris, but none of that is accurate

The statutes in question deal with a change in the "nominee." The Democrats don't have a nominee yet.

If this interpretation were accurate, conventions would be irrelevant and every party would have to go with who won the primary in the general election in those states, which isn't how it works.

[JohnSJ]

5. If Biden withdrew that would be fine under DNC rules and 33 states that defer to those rules on substitution and

nomination.

However, other states like Wisconsin have issues that have to be asserted to the SOS of Wisconsin or another state with special rules for instance.

In other words, should Biden withdraw as the candidate AFTER state deadlines have passed and ballots printed, without a doubt there would be lawsuits filed in state and federal courts, and eventually go up to THIS Supreme Court. It would be an uncertain mess.

[Freethinker65]

4. It was never going to happen.

It did get Biden media coverage and attention he wasn't getting before. It got the Democratic voters to pay attention that the threat of Trump winning the upcoming election is real.

Donors pulling/delaying campaign funding, or threatening to, has also lit a fire under the campaign that seemed until recently to just be going through the motions.

[JohnSJ]

6. I think that is true, but I don't think that was the motivation behind the "Biden needs to step down" group.

[FakeNoose]

14. Exactly - but the whole point was to cause strife among the Dems

... getting us arguing with each other. Suddenly there's no unity any more.
The 'Pukes played us like a busted fiddle.

Meanwhile Chump got off the hook for the Epstein documents, and the terrible debate where he lied his ass off the entire time.

[Fiendish Thingy]

7. The Daily Kos diary is based on falsehoods

Nobody is “on the ballot” in any state (well, Trump will be shortly now that his party has officially nominated him), so claims that the deadline has passed in some states to put a candidate “on the ballot” are clearly false.

Read through the comments on the Daily Kos link - the OP is thoroughly refuted and debunked.

[sl8]

8. What's the source for the Nevada June deadline?

Because I'm seeing, from a couple of sources, that Nevada doesn't even require the parties to submit the names of their candidates until September.

https://www.reviewjournal.com/news/politics-and-government/nevada/could-joe-biden-be-replaced-on-nevadas-ballot-3081017/
https://nevadacurrent.com/2024/07/14/if-a-presidential-nominee-drops-out-what-happens-to-states-ballots/

I didn't see anything about a June date for Nevada in the NASS table and the source of most of the information in that Newsweek article is from the Heritage Foundation. I know nothing about the DKOS poster - do you find them to be a credible source?

[Ms. Toad]

9. Just reading quotes you posted should tell you that you need to do more research.

Every single comment is addressing changing who is on the ballot (replace, withdraw, remove). Biden is not on the ballot anywhere yet, because he has not yet been nominated. That will happen at the Democratic Convention (or a remote vote at some earlier time). Once the party formally names its nominee, the clock will start ticking in some states.

All of this was discussed ad nauseum earlier, in connection with the date of the convention. The last state fell into place when Ohio passed legislation in a special session to change the date for a party to put its candidate on the ballot.

[LisaL]

11. It takes 90 days for the law in OH to take effect.

Which means that it won't take an effect before the deadline.

[Ms. Toad]

20. The filing deadline in the bill is September 1, 2024

The bill passed on May 30, and was signed by Gov. DeWine on June 2. 90 days from June 2 is August 31, so it will be in effect on September 1. Not to mention that Democrats could file the nomination well ahead of September 1, so that it would be on file by the deadline once the new deadline takes effect.

But that tight timeline is probably why the Democrats are planning on holding a remote vote in advance of the convention.

And - none of that addresses the point I made that the language in the OP (changing an existing candidate) isn't applicable when no candidate is yet on the ballot, which should have been a hint not to take anything from the source quoted at face value.

Pointing to Ohio was just a reminder that we resolved all of the issues of filing deadlines that fell before the convention a long time ago, with Ohio being the last to get resolved. If the party resolved all of the barriers to naming a candidate at the primary, they are still resolved by the same means (whether that candidate ultimately named is Biden or the man in the moon). The earlier resolutions were generic to major party nominees (Republican or Democratic) - and were necessary precisely because there is no guarantee that Biden is the Democratic candidate until after the convention (or earlier remote vote by the delegates).

[LisaL]

10. Apparently, some concerned democrats don't think we need any of those states.

I have no clue as to WTF they are thinking, if they are even thinking at all.

[Ms. Toad]

21. It has nothing to do with whether the states are needed or not.

Whoever the Democratic Party names as its nominee at the convention (or at some earlier time by remote vote) will be filed by the party in time to meet all of the deadlines. It isn't a matter of changing a candidate - neither party has yet named their candidate, and neither party can file their nomination until after the delegates have voted. All deadlines were either already after both conventions, or were changed by their respective state legislators.

Deadlines for changing candidates are irrelevant, since no Democratic candidate is yet on the ballot. Deadlines for individual candidates are irrelevant, since this is about the party candidate, not an individual/independent candidate. Deadlines for minor party candidates are irrelevant because the Democratic Party is not a minor party.

[sl8]

12. Politifact: False - "Deadlines have passed in ... Wisconsin" to replace President Joe Biden on the ballot.

Last edited Tue Jul 16, 2024, 10:20 PM - Edit history (1)

https://www.politifact.com/factchecks/2024/jul/11/tweets/deadline-has-not-passed-in-wisconsin-to-replace-bi/

[...]

Deadline for Democratic Party to place candidates on Wisconsin’s ballot is Sept. 3
When asked about the deadline in Wisconsin, the Wisconsin Elections Commission directed PolitiFact Wisconsin to the commission’s memo about ballot access requirements for presidential and vice presidential candidates.

In Wisconsin, the parties that have attained ballot access are currently the Democratic, Republican, Libertarian, Green and Constitution parties.

"The names of candidates for President and Vice President for these parties are placed on the General Election ballot when their names are certified by the state or national chairperson to the Wisconsin Election Commission no later than 5:00 p.m. on Tuesday, September 3, 2024, the WEC memo reads.

Each certified candidate also must file a Declaration of Candidacy with the commission by that same deadline.

[...]

[JohnSJ]

13. Thanks

[sl8]

15. De nada. nt

[lees1975]

16. "Leading Democrats," whoever they are, better get control of this NOW!

Or you are going to cost us the election.

Who's it going to take? Pelosi? Obama? Jeffries? Harrison? All of them together standing up and saying stop?

Or is the silence and ignoring the rumor mill and pushing forward, in an effort that cannot be stopped, the way to go.

One thing is for sure, it will be the last election the party ever loses because it shoots itself in the foot. There will be no more after this one. And if you've convinced me that Trump is an existential threat, then you need to start acting like it.

Or is this just more sensational rumor mill to get attention, or driven by Russian interference.

[BannonsLiver]

17. Have read many theories here on that

My theory is nobody here knows the answer, how it would work etc.

[Wednesdays]

18. And all of this will be moot in about 10 days

That's when Democrats meet for a "virtual roll call" to hold the final vote for the nominee. This is in response to the Ohio law that stipulates the nominee's name be submitted by August 7.

[Ms. Toad]

22. That was changed to September 1 by a bill signed by DeWine on June 2.

I suspect the virtual roll call is being held anyway to guarantee there is no question as to when the law takes effect, and whether the SOS would accept the Democratic submission of its nomination after the convention but ahead of August 31, when the law is in effect.

[Wednesdays]

25. Yes, and even so, the DNC is still sticking to the original schedule...

"Just in case." The talk is that Ohio Democrats don't trust anything the GOP does.

[brooklynite]

19. Misunderstood...

First Biden (or anyone else) isn't the candidate until voted by the Convention. Nevada accommodates that. The filing date for MINOR PARTY candidates is the last Tuesday in August. NRS 293.172.

Second, Georgia law assumes (again) that a Presidential candidate has been nominated. Biden has not been nominated and is not yet on the ballot.

Ditto Wisconsin.

[JohnSJ]

23. Thanks

[LetMyPeopleVote]

26. Top Conservative Think Tank Vows to Make it 'Extraordinarily Difficult' for Dems to Replace Biden By Filing... Lawsuits"

Ballot access litigation is very strange. It is not easy to get onto the ballot for third parties and there are traps even for the two main parties. The GOP and the Heritage Foundation are hoping that President Biden is removed from the ticket so that they can try to keep President Biden's replacement off the ballot in swing states.

Link to tweet

https://www.mediaite.com/biden/top-conservative-think-tank-vows-to-make-it-extraordinarily-difficult-for-dems-to-replace-biden-by-filing-swing-state-lawsuits/

Heritage Foundation has vowed to do everything possible to keep Democrats from replacing President Joe Biden as the party’s presidential nominee.

Approximately four months ago, the conservative organization began researching laws in states for replacing nominee in key swing states, according to a report from NOTUS. Staffers for Heritage’s Oversight Project compiled the report back in April and released it ahead of the debate.

“If the Biden family decides that President Biden will not run for re-election, the mechanisms for replacing him on ballots vary by state,” reads the memo. “There is the potential for pre-election litigation in some states that would make the process difficult and perhaps unsuccessful.”

The organization’s Oversight Project Executive Director Mike Howell said, in a statement to NOTUS, they would make the process for replacing Biden “extraordinarily difficult.”

“We’ve zeroed in on a few states that we think are the best case,” Howell told the news outlet without naming the specific states. The memo, however, identifies Nevada, Washington, and Georgia as the most likely states to use litigation to stop a new Democratic nominee from replacing Biden on the ballot......

“The problem that any potential replacement for Joe Biden would likely run into is that in many states, including in several key states, the deadline for getting on the ballot has already passed,” said Zack Smith, a senior legal fellow at Heritage, in a statement to NOTUS. “Or in many states, the process for replacing a candidate currently on the ballot just isn’t clearly defined because it happens so rarely.”