As President Joe Biden’s campaign works to reassure anxious Democrats, the Democratic National Committee (DNC) is distributing talking points that some sources claim misleadingly suggest there is no procedural way to replace Biden at the top of the party’s ticket. These talking points assert, “Joe Biden will be the Democratic Party’s nominee for president,” and dismiss any other discussion as a distraction, stating that “brokered” conventions are a thing of the past. They further claim that “the only person eligible for nomination is Joe Biden.”
Biden has consistently stated his intention to remain in the race, and the “DNC Talking Points for Convention Nomination Rules” being circulated are largely accurate until the party’s August convention concludes. However, according to three individuals familiar with the DNC’s 2022 document outlining convention procedures, there is a process for replacing Biden if he voluntarily steps aside after the convention ends on August 22.
Under the current rules, Democratic National Committee Chair Jamie Harrison would name a new nominee in consultation with Senate Majority Leader Chuck Schumer, House Minority Leader Hakeem Jeffries, and Democratic Governors Association Chair Tim Walz. Their choice would then be presented to DNC members for ratification or rejection. This group of party leaders is much smaller and more elite than the delegates to the convention.
Biden’s nomination is expected to occur before the convention, in a virtual roll call of state delegations in late July or early August. The convention’s rules committee is expected to set a date at a meeting on July 19. A person familiar with the DNC process stated that the Biden campaign wants everyone to believe “chaos would reign” if Biden stepped aside, which is why they are not admitting there is a rule for such a scenario.
A Democratic staffer in a battleground state criticized the talking points, calling them “beyond f—-ed up” and comparing the DNC’s actions to those of MAGA Republicans. Harrison responded by emphasizing that the primary is over and that the will of Democratic voters was clear: Joe Biden will be the Democratic Party’s nominee for President. He noted that over 99% of delegates are already pledged to Biden heading into the convention.
The Biden campaign did not immediately respond to a request for comment. Democrats have been concerned about Biden’s fitness for the top of their ticket since his recent debate performance, where he struggled to make coherent arguments and often appeared lost. Some Democrats have called on him to step aside to improve their chances of defeating former President Donald Trump and winning majorities in the House and Senate.
Based on Federal Election Commission rules, Democratic National Committee rules, and the political optics of a fight that could jeopardize support from Black voters and women, most Democratic insiders believe it is difficult to see anyone other than Vice President Kamala Harris becoming the nominee if Biden steps aside. Before the convention, several thousand elected convention delegates, almost all of whom are pledged to Biden, have the power to choose the party’s nominee. A DNC member noted that because there was no primary opponent, the overwhelming majority of the elected delegates are Biden delegates, so on the first ballot, he would be the nominee. However, this would change if Biden left the nomination vacant after receiving it.
In such a historic moment, the DNC members would choose the party’s nominee. It is also possible for the convention delegates to change the rules at the convention, which occurs after the nomination by a virtual roll call. This could make for a more orderly convention if Biden is nominated through the virtual roll call and then releases his delegates before the actual convention, allowing Harrison to use the rule. However, this could also backfire with some party members who believe there should be an open convention.
Campaign-finance law experts suggest that Biden’s campaign funds could likely be transferred to Harris because she is his running mate and appears as such on filings with the FEC. Any other candidate would most likely have to raise new money for their campaign. There are additional complications for any scenario that does not include Biden as the nominee, such as the 50 state laws governing the printing of ballots, which might make it difficult to get a new candidate on some of those ballots.
Despite these challenges, the Biden campaign and its allies are concerned enough about discord within the party that they are actively asserting that Biden is the only candidate who could carry the party’s standard in November. Some prominent Democrats have emphasized both names on the ticket — Biden and Harris — in recent interviews, opening the door to the idea that Harris could be the party’s presidential candidate.
Rep. James Clyburn, whose endorsement helped fuel Biden’s support among Black voters in the 2020 primary, stated after the debate, “I’m a Biden-Harris person, so I’m not getting away from that. I’m for Biden-Harris. I’m going to be for Biden if Harris ain’t there, and I’m going to be for Harris if Biden ain’t there.”
Source: NBC News
