If President Joe Biden decides to withdraw from the presidential race, Wisconsin’s law would create a new obstacle for Democrats to nominate his successor.
The only reason a candidate can withdraw is death.
According to the state’s ballot access procedures, “a person who has filed candidacy papers and is eligible to appear on the ballot may not withdraw his or her name from the ballot after filing. Unless the person has died, his or her name will appear on the ballot.”
The Heritage Foundation, a conservative think tank, has identified states, including Wisconsin, where Democrats could face legal challenges if they try to replace Biden.
“We have been monitoring calls from across the country that President Biden should step down immediately or before the election, and have concluded that the process for transition or resignation is extremely complicated,” Mike Howell, executive director of the Heritage Foundation Oversight Project, said in a statement.
Even without this provision in Wisconsin’s election law, it would be difficult to remove Biden from the ballot.
Before the national convention, where delegates formally vote for the nomination, states hold presidential primaries. Biden won Wisconsin by a landslide.
While it is possible that delegates at the Democratic convention could choose a candidate other than Biden, that would violate the rule that delegates “must act in their conscience to reflect the feelings of the people who elected them.”
“I am the Democratic nominee. I am the nominee of this party because millions of Democrats like you voted for me in primaries across the country. Let me be clear: I am going to run.”
U.S. spokeswoman Karine Jean-Pierre confirmed at a press conference on Tuesday that that is still Biden’s plan.
