TUCSON, Ariz. (KGUN) — There is nothing quite like this in history—President Biden’s decision to give up his nomination after he won the primary election votes to secure it puts us in unprecedented legal territory.
Other presidents like Lyndon Johnson and Harry Truman were on track for their party’s nomination when they stepped away, but they announced their decision much earlier. President Joe Biden had the primary votes to officially make him the nominee, now his party has to figure out how to replace him, and hold off legal challenges that aim to knock out the new nominee.
University of Arizona Law Professor Christopher Griffin says delegates who were headed for the Democratic Convention committed to nominate Joe Biden are free agents now able to vote for whosoever they want.
“But the likely outcome is that if we get a coalescing of support around the Vice President, then there will be a voice roll call vote before the convention to solidify that, and then you would see the delegates formally announced their votes for her in Chicago.”
He says that vote before the convention would be to make sure the President and Vice President are formally nominated in time to meet ballot deadlines from the states, otherwise there’s a risk the Democrats will not be on the ballot in some states. But Republicans are primed to sue to challenge what the Democrats may do.
