Can Joe Biden be sued for dropping out of race? Mike Johnson keen on having only POTUS on November ballot

Allies of Donald Trump have suggested they might sue to prevent Democrats from replacing Joe Biden with any other candidate on the November ballot
PUBLISHED JUL 24, 2024
House Speaker Johnson had hinted at the possibility of legal challenges shortly before President Joe Biden announced his withdrawal from the 2024 race (Getty Images)
House Speaker Johnson had hinted at the possibility of legal challenges shortly before President Joe Biden announced his withdrawal from the 2024 race (Getty Images)

WASHINGTON, DC: Even before President Joe Biden officially withdrew from the 2024 presidential race, allies of former president Donald Trump suggested that they might sue to block Democrats from having any candidate other than Biden on the ballot in November, as per ABC News.

This notion has sparked significant controversy and backlash, both from legal experts and the public. Election administration and legal experts quickly dismissed the idea of a successful Republican challenge, with some labeling it "ridiculous" and "frivolous".

Republicans hint at moving forward with legal action in response to Joe Biden's withdrawal

The experts emphasized that Democrats are on solid legal ground in identifying a new candidate, given that the party hasn't officially nominated anyone yet. The nomination typically occurs through a vote of delegates at the party's convention.

"It’s ridiculous for people to talk about ‘replacing Biden.’ He hasn’t been nominated yet," stated Richard Winger, a leading expert on state ballot access laws and editor of the 'Ballot Access News' newsletter.

The debate over potential Republican legal challenges gained momentum as Democrats began openly discussing whether Biden should withdraw from the race.

In June, the conservative Washington-based think tank, the Heritage Foundation, outlined a "contentious path ahead" if Biden decided not to seek reelection.

"There is the potential for pre-election litigation in some states that would make the process difficult and perhaps unsuccessful," said Mike Howell, executive director of the Heritage Foundation’s 'Oversight Project' in a public memo.

Howell pointed to Georgia, Nevada, and Wisconsin as possible battlegrounds for such litigation.

Joe Biden reacts as supporters greet Joe Biden with a light display showing Georgians love for Joe Biden at his debate watch party at Hyatt Regency Atlanta on June 27, 2024 in Atlanta, Georgia. (Photo by Derek White/Getty Images for DNC)
President Joe Biden secured enough delegates by March 12 to unofficially clinch the Democratic nomination (Derek White/Getty Images for DNC)

Republican House Speaker Mike Johnson also hinted at the possibility of legal challenges shortly before Biden's announcement to drop out of the election.

"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," Johnson said on CNN’s 'State of the Union'.

However, many experts, including Trey Grayson, Kentucky’s former two-term Republican Secretary of State, disagreed.

Grayson, who has served as president of the National Association of Secretaries of State and chair of the Republican Secretaries of State Association, called the claims "frivolous".

"The filing deadlines haven’t passed yet, and the Democrats haven’t nominated anybody yet," Grayson noted.

Delegates from each state, territory, and the District of Columbia are responsible for selecting their party's presidential and vice-presidential nominees based on national party rules.

Although Biden secured enough delegates by March 12 to unofficially clinch the nomination, his campaign ended before the delegates voted, leaving the decision of the party's candidate for November to convention delegates.

An Associated Press review of relevant state election laws found that Biden’s withdrawal occurred well before the ballot access deadlines in states that specify such deadlines.

Wisconsin, one of the states mentioned in the Heritage Foundation memo, has a deadline of September 3. Both Georgia and Nevada lack a specified cutoff date for adding candidates to their election ballots.

Republican presidential candidate, former U.S. President Donald Trump is applauded by Senate Republicans before giving remarks to the press at the National Republican Senatorial Committee building on June 13, 2024 in Washington, DC. Trump is visiting Capitol Hill to meet with House and Senate Republicans. (Photo by Anna Moneymaker/Getty Images)
Republicans hinted at moving forward with legal action in response to Joe Biden's withdrawal from the 2024 presidential race ( Anna Moneymaker/Getty Images)

Republicans slammed for threats to block Joe Biden's replacement in 2024 election

The GOP's threats to legally block the Democrats from replacing Joe Biden in the November ballot ignited strong reactions online as social media users were quick to criticize the party's tactics.

One X user remarked, "Let them waste their money," while another commented, "Just makes them look scared and pathetic."



 



 

"Ridiculous is what the GOP has become. Ignoring all the ‘values’ they were supposed to hold dear. Then ignoring facts. Basic right and wrong. They behave more Russian or North Korean now," wrote one individual.

Another added, "Sounds like the GOP are really worried. They will be roasted in Nov."



 



 

"GOP are desperate cheats," said one person, while another commented, "Republicans hate democracy, so it’s on par."



 



 

One user noted, "Republicans are babies," while another pointed out, "The @GOP whining about @POTUS age and then when POTUS did the honorable thing and put country in front of self, they keep on whining...smh. At least POTUS did more for average Americans than the GOP nominee."



 



 

This article contains remarks made on the Internet by individual people and organizations. MEAWW cannot confirm them independently and does not support claims or opinions being made online.

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