Is it possible for Biden to be replaced as the Democratic nominee?

President Biden’s recent performance at the CNN Presidential Debate has sparked discussions within the Democratic Party about the possibility of replacing him as their nominee. This situation is a rare one, and there are specific processes that would need to be followed for such a change to occur.

If Biden wants to stay on the ballot before the DNC roll call:

Currently, President Biden is the presumptive Democratic nominee because he has garnered the majority of pledged Democratic delegates through the state primary elections. The Democratic National Committee (DNC) rules dictate that these delegates must reflect the sentiments of the Democratic primary voters who elected them. This means that as long as Biden wishes to remain on the ballot, these delegates are expected to vote for him during the nomination process.

While the rules do not legally bind delegates to vote for the candidate they are pledged to, the scenario of a mass defection is a possibility. The formal nomination of Biden will take place during a roll call vote by the delegates, typically during the party convention starting August 19.

If Biden steps aside before the DNC roll call:

If President Biden decides to step aside before the roll call vote, his delegates would no longer be pledged to him. This would open the nomination process to any eligible candidate, including those who did not run in the primaries. Delegates could choose to vote for a new candidate, and Biden’s endorsement would be crucial for any contender seeking his support.

If Biden steps aside, dies, or has a ‘disability’ after the DNC roll call:

In the event of Biden stepping aside, passing away, or facing a ‘disability’ after the roll call vote, the DNC rules empower the committee to replace the nominee. The National Chairperson of the Democratic National Committee, in consultation with Democratic leadership, would make a recommendation for a new nominee. This decision would be finalized by the DNC.

In such a scenario, the most obvious choice for a replacement would be Vice President Harris, given her current position. However, the party would have the flexibility to select any eligible candidate. The definition of ‘disability’ would likely be a contentious issue if this provision is invoked.

If Biden steps aside, dies, or has a ‘disability’ after ballots are printed:

If any of these circumstances occur after the printing of general election ballots, the DNC’s process for replacing Biden would remain the same. The party would need to inform voters that even though they are casting their votes for Biden, another nominee has been chosen by the committee. After the election, efforts would be made to instruct Electoral College electors to vote for the new candidate.

A last-minute change like this would undoubtedly lead to confusion among voters and likely result in legal challenges, potentially reaching the U.S. Supreme Court. The unprecedented nature of such a situation would make it a challenging and controversial process for the Democratic Party.