The political landscape has been thrown into disarray following President Joe Biden’s unexpected decision to end his re-election campaign. Compounding the situation, Wisconsin’s stringent ballot laws could present significant challenges for the Democratic Party in replacing Biden on the ballot.
Biden, 81, announced his decision on Sunday, citing his belief that it was in the best interest of his party and the country for him to stand down. “While it has been my intention to seek re-election, I believe it is in the best interest of my party and the country for me to stand down and to focus solely on fulfilling my duties as President for the remainder of my term,” Biden wrote in a letter posted on X.
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In Wisconsin, however, the process of replacing Biden is fraught with legal hurdles as per a recent report from The Center Square.
According to state law, a candidate’s name can only be removed from the ballot post-submission in the event of their death. The Wisconsin Elections Commission has set a September 3 deadline for parties to submit their candidates’ names, making it nearly impossible to change candidates after this date.
“Any person who files nomination papers and qualifies to appear on the ballot cannot withdraw their name from the ballot after filing,” states the Wisconsin ballot access procedures. “The name of that person shall appear upon the ballot except in case of death of the person.”
This situation is further complicated by the process of presidential preference primaries and the rules governing delegate votes at the Democratic convention. Biden won the Wisconsin primary by a large margin, and any move by delegates to select another nominee would violate the rules that delegates “shall in all good conscience reflect the sentiments of those who elected them.”
Vice President Kamala Harris has been endorsed by Biden to replace him as the Democratic nominee.
“Today I want to offer my full support and endorsement for Kamala to be the nominee of our party this year,” Biden posted on X. However, Harris’ approval rating stands at only 32%, and internal factions within the Democratic Party have already begun to form around other potential candidates such as California Gov. Gavin Newsom and Michigan Gov. Gretchen Whitmer.
The Heritage Foundation, a conservative think tank, has highlighted Wisconsin as one of the states where Democrats could face legal challenges if they attempt to substitute Biden. “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,” said Mike Howell, Executive Director of the Heritage Foundation Oversight Project.
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Biden’s withdrawal, announced less than a month before the Democratic convention and just months before voters head to the polls, is unprecedented in modern political history. “No president has dropped out or died this close to the convention,” said Barbara Perry, a presidential studies professor at the University of Virginia’s Miller Center.
The decision has spurred reactions across the political spectrum. California Gov. Gavin Newsom and Michigan Gov. Gretchen Whitmer praised Biden’s service, while Republicans, including House Speaker Mike Johnson, criticized his decision and called for his immediate resignation. Former President Donald Trump, in a phone interview with NBC News, described Biden as “the worst president in the history of the United States by far.”
