Experts Dismiss GOP Lawsuit Threat Over Biden's Potential 2024 Ballot Exit as 'Ridiculous'

Allies of former President Donald Trump had considered legal action to prevent Democrats from nominating anyone other than President Joe Biden for the 2024 election. However, experts in election administration and law argue that Biden's withdrawal on Sunday makes such challenges unlikely to succeed. They describe the idea as "ridiculous" and "frivolous."

Richard Winger, an expert on state ballot access laws, stated, "It's ridiculous for people to talk about replacing Biden. He hasn't been nominated yet." This sentiment is echoed by several experts who believe Democrats are on solid legal ground as they choose a new candidate since the party has not officially selected its nominee.

Potential Legal Challenges

Mike Howell, executive director of the Heritage Foundation's "Oversight Project," mentioned in a public memo that pre-election litigation could be filed in battleground states like Georgia, Nevada, and Wisconsin. He said, "There is the potential for pre-election litigation in some states that would make the process difficult and perhaps unsuccessful."

Republican House Speaker Mike Johnson also hinted at possible legal challenges, stating on CNN's "State of the Union," "I think they have got legal hurdles in some of these states, and it'll be litigated, I would expect, on the ground there, and they will have to sort through all that. They have got a real problem."

Despite these claims, Trey Grayson, Kentucky's former Republican Secretary of State, dismissed them as baseless. He said, "It's a pretty frivolous claim. The filing deadlines haven't passed yet, and the Democrats haven't nominated anybody yet."

Historical Precedents

Winger pointed out historical precedents where nominees were replaced without controversy. In 1912, Vice President James Sherman died six days before Election Day while running for reelection with President William Howard Taft. The Republican National Committee then selected Nicholas Murray Butler to replace Sherman.

Similarly, in 1972, Democratic vice presidential nominee Thomas Eagleton withdrew after disclosing psychiatric treatment. The DNC then chose Sargent Shriver to replace him. Winger noted, "That was done in August, and nobody sued."

Legal Standing and Deadlines

Edward B. Foley, an election law professor at Ohio State University, stated that the parties control their nomination processes. He said, "I just don't see how the Republican Party or anyone associated with the Republican Party would have any standing to bring any litigation in connection with this."

An Associated Press review revealed that Biden's withdrawal occurred well before ballot access deadlines in every state with specific deadlines. Wisconsin's deadline was September 3, while Georgia and Nevada had no specified deadlines.

The earliest deadline was Iowa's August 16 requirement for parties to submit nominee names 81 days before the general election. States like Ohio adjusted their deadlines to accommodate late conventions.

Democratic National Convention Plans

The Democratic National Committee (DNC) had planned a virtual roll call in early August before Biden's withdrawal. This move aimed to preempt potential legal challenges since Ohio's law does not take effect until September.

In an interview with Rolling Stone on July 4, Howell referenced Biden's statements about being the nominee. He argued that such statements could circumvent the formal convention process and have significant legal implications.

Grayson countered this argument by stating that calling oneself the nominee does not make it legally binding. He said, "Someone calling themselves the nominee doesn't make them the nominee."

Howell told AP on Sunday that they are preparing their next move but will not reveal it publicly yet. He mentioned a "massive dark money operation" influencing decisions behind the scenes.

The Democratic Party remains confident in its legal standing as it prepares for its convention next month. The process of selecting a new candidate continues without significant legal obstacles.