Republicans are considering challenging the Democrats’ decision to replace Joe Biden with Kamala Harris as the presidential candidate, confirmed House Speaker Mike Johnson on Sunday.
Several conservative groups have expressed intent to mount a legal challenge against Biden’s replacement.
“I think they may face legal obstacles in certain states,” Johnson told CNN on Sunday. “It’s likely to be litigated on the ground there.”
In response, Democrats argue that Republicans lack a legal basis for their challenge.
“The Democratic nominee will be listed on all 50 state ballots. There’s no valid reason for a legal challenge,” stated Democratic Party lawyer Marc Elias on Twitter on Sunday.
The conservative think tank Heritage Foundation has earmarked millions for a potential nationwide challenge.
“The complexity of replacing a presidential candidate in each state depends on timing and the Democrats’ approach,” a spokesperson from the Heritage Foundation commented.
The Heritage Foundation has identified swing states such as Wisconsin, Georgia, and Nevada as probable battlegrounds for legal challenges due to the intricate process of switching candidates in these states.
Following a lackluster performance in the June 27 CNN presidential debate in Atlanta, discussions among senior Democrats quickly arose regarding Biden’s replacement. This ultimately led to Biden’s withdrawal from the race and his endorsement of Vice President Kamala Harris on July 21.
Howell, from the Heritage Foundation, shared a memo outlining the different rules in various states.
“Wisconsin, for instance, only permits withdrawal in case of death,” the memo indicates.
“There are specific procedures for withdrawing a presidential nominee in states like Georgia, Nevada, and Wisconsin, each with unique applicability and timelines,” the memo highlights.
The memo also raises concerns about the potential complicity of states in an improper withdrawal or substitution.
“There is a scenario where the candidate dies after the election, leaving electors to decide the vote,” it said.
“This scenario applies after the election and creates uncertainty if the withdrawal occurs before the election,” the memo adds.
While 31 states allow political parties to determine nominations in case of withdrawal, making legal challenges more difficult, the memo acknowledges some avenues for challenging laws that delegate nomination decisions to parties.