Democrats could face legal challenges in Georgia should they attempt replace President Joe Biden on the November ballot, according to an analysis of state election laws published ahead of his poor debate performance against President Donald Trump on June 27.
The analysis, published to the social media platform X by The Heritage Foundation’s Oversight Project days prior to the debate, notes Georgia, Nevada and Wisconsin “have specific procedures for withdrawal of a presidential nominee,” with each state differing on when a withdrawal must be filed and who can replace the nominee.
Since the debate, calls for Biden to step aside in favor of another candidate have escalated, with at least six major news outlets and five elected Democrats urging the president to step down.
Referenced by the Oversight Project memo, Georgia Code 21-2-134 explains that candidates who are nominated via primary contests may withdraw by sending a notarized affidavit to the Secretary of State at least 60 days prior to the general election.
For Biden to withdraw in Georgia, he would need to submit his affidavit to Secretary of State Brad Raffensperger by September 8.
Because Biden won the primary contest in Georgia with more than 90 percent of the vote, “the vacancy may be filled by a substitute nomination made by a convention composed of delegates of the county executive committee of such party in each county of this state.”
Such a convention would be announced within six days after Biden’s withdrawal, and Georgia law mandates, “it shall be open to the public.” Each county would be assigned at least one delegate, with the total number determined by population as tracked by the U.S. Census.
The convention would require two-thirds of delegates to be present to achieve a quorum, which could then determine the party’s nominee with a simple majority vote.
If Democrats attempt to circumvent this process, including by nominating a different candidate, Oversight Project executive director Mike Howell explained, “per-election litigation” could “make the process difficult and perhaps unsuccessful.”
— Oversight Project (@OversightPR) June 24, 2024
Howell warned in the Oversight Project memo, “The process for substitution and withdrawal presents many election integrity issues,” and strict adherence to the law “may result in that process being unsuccessful for the purposes of another candidate being on the ballot.”
U.S. Representative Nikema Williams (D-GA-08), who is also the chair of the Georgia Democratic Party, confirmed in a Thursday interview she continues to support Biden’s reelection campaign, and acknowledged, “Biden is the only person who can make the decision if he is going to remain in this race.”
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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Pennsylvania Daily Star and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
Photo “Joe Biden” by President Joe Biden.
