Replacing Joe Biden Will Be Challenging For Democrats, Mechanically and Legally | Bobby Burack

The idea that Democrats could and should replace Joe Biden is the lead story following Thursday's presidential debate. On stage, Biden repeatedly lost his train of thought and appeared dazed beyond repair.

Biden's debate performance incited panic from partisan hosts on CNN and MSNBC, several of whom expressed significant doubt about whether he is fit for office – and more importantly, whether he can beat Donald Trump in November. 

Joy Reid said Democrats were "blowing up" her phone during the debate and were "approaching panic mode."

"You can't change a candidate, but you can – I mean, there were people talking about how that process works, and that conversation is live and active at the highest levels of the Democratic party," added Nicolle Wallace. 

Washington sources told CNN analyst John King that the Democrats officially "want Biden out."

"OPERATION: REPLACE BIDEN, DEMS SCRAMBLE WITH 130 DAYS TO GO," read the homepage of The Drudge Report. 

The tone has shifted.

US President Joe Biden and First Lady Jill Biden arrive a campaign event in Raleigh, North Carolina, on June 28, 2024. (Photo by Mandel NGAN / AFP) (Photo by MANDEL NGAN/AFP via Getty Images)

It would be up to the delegates at the DNC to pick a new nominee if Biden were to drop out at any point before the Democratic National Convention in August.

But doing so would be a challenge, both mechanically and legally.  

The Heritage Foundation, a conservative think tank based in Washington, informed the Daily Mail last week that it's closely monitoring calls for Biden to step aside and gearing up for a potential legal battle. 

Heritage and various Republican lawmakers argue that Democrats cannot legally replace Biden on the ticket in at least three contentious swing states: Georgia, Nevada, and Wisconsin.

The Heritage memo claims it's too late to replace Biden in Wisconsin, which, at this point, does not allow withdrawal from the ballot for any reason besides death. Granted, some legal analysts dispute Heritage's interpretation of the Wisconsin deadline.

The organization also says changes cannot be made to the ballot in Nevada after 5 p.m. on the fourth Friday in June of an election year unless "a nominee dies or is adjudicated insane or mentally incompetent." 

Today, June 28, marks the fourth Friday in June.

In Georgia, Biden would have to drop out before Friday, September 6, 2024, or his name would remain on the ballot and no votes would be counted.

"We are monitoring the calls from across the country for President Biden to step aside, either now or before the election, and have concluded that the process for substitution and withdrawal is very complicated. We will remain vigilant that appropriate election integrity procedures are followed," said Mike Howell, Executive Director of The Heritage Foundation’s Oversight Project, in a statement.

While other swing states do not have defined laws complicating a party's efforts to replace a candidate in June or July, the unprecedented nature of trying could lead to Republicans challenging the operation.

"Policymakers and the public should be prepared for all externalities that arise from President Biden not running for President in 2024. The process for substitution and withdrawal presents many election integrity issues," the Heritage memo adds. 

ATLANTA - President Joe Biden and Republican presidential candidate, former U.S. President Donald Trump participate in the CNN Presidential Debate at the CNN Studios on June 27. (Photo by Justin Sullivan/Getty Images)

Conceding a state like Wisconsin – and jeopardizing tickets in other states – would swiftly narrow the Democrat's path to victory come November. Further, the party could not transfer Biden's campaign funds to a replacement candidate, unless that candidate is Kamala Harris. 

"The Biden-Harris campaign has raised a considerable amount of money toward his re-election, and campaign-finance experts say that cash can’t simply be transferred to another candidate if Biden drops out—unless that candidate is Harris, who would just inherit the campaign committee," the Wall Street Journal explained Friday.

"Were Harris to assume the top of the ticket, funds donated toward the Biden-Harris campaign would be at her disposal since she and Biden were running together."

And Harris would hardly solve concerns about defeating Trump, the only reason Democrats and media allies are all of a sudden worried about Biden's cognitive state. 

Kamala Harris is not popular. She's never been popular – see the 2020 primary race. Harris is a lifelong DEI hire. 

The betting market agrees. Despite Biden's odd plummeting from +129 to +460 after the debate, the market still considers Harris the fifth most likely Democrat nominee come November.

 The odds, as presented by OddsChecker:

– Trump, - 141.

– Biden, +460.

- Newsom, +740.

- Michelle Obama, +3300.

– Whitmer, +4000.

- Harris, +4300.

Newsom, the most likely candidate to replace Biden, also presents hurdles. 

The Justin Trudeau-type California governor is viewed within the party as a potential frontrunner for 2028 and a future face of the party. Do Democrats want to use that bullet now by throwing him into the fire in July, when the odds would be stacked against him? 

The same case could be made for Michigan Governor Gretchen Whitmer, the witchy lockdown lady. 

Secondly, Trump has already made historic gains for a Republican among black voters. Democrats passing over Harris in favor of a white male is not the ideal message for a party so tethered to the diversity movement.

Democrats must surely regret ordering Biden to pick a candidate solely based on her race and gender right about now, huh?

Ultimately, while Biden is weak and limited, so are the options to replace him. Consequently, Rep. Jim Clyburn (D-S.C.) urges the party to maintain faith in Biden. Clyburn told reporters Friday he plans to speak to Biden today and tell him to "stay the course" because there's "no better Democrat" available.

Sources tell Fox News Biden plans to stay in the race, as of Friday afternoon. 

On the surface, there's more risk for Democrats in replacing Biden now than leaving him on the ticket. Could that change the more he speaks and videos of his debate performance are replayed? 

Sure.

But, as of publication, the most likely scenario remains a rematch between Donald Trump and Joe Biden, in which the former is the favorite.