A prominent right-wing think tank is poised to launch a legal challenge aimed at ensuring Joe Biden remains the Democratic Party’s presidential nominee in 2024. Despite skepticism from election law experts, who cite state regulations allowing parties to nominate their chosen candidate at conventions, the group plans to pursue litigation that could sow chaos and uncertainty.
The Heritage Foundation, known for its Project 2025 plan during Donald Trump’s presidency, aims to disrupt any potential change in Democratic nominee to keep Biden on the ballot, according to a memo posted by the Heritage Foundation’s Oversight Project.
Although legal scholars assert such challenges are unlikely to succeed, the Foundation’s strategy mirrors broader Republican efforts to challenge election protocols nationwide.
The memo identifies potential battleground states like Georgia, Nevada, and Wisconsin, where they claim election laws could be grounds for litigation. However, officials in these states confirm that current statutes permit parties to substitute nominees before formal certification.
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The Oversight Project points out that “at least 31 states rely on state or national party rules and committees for nominating in case of withdrawal,” suggesting that legal challenges against these states for “improper delegation” would offer only limited benefits.
However, the memo suggests that “confusion” in other states could potentially lead to additional litigation.
Legal experts like Richard Winger emphasize that Biden’s status as nominee isn’t solidified until the Democratic National Convention. UCLA’s Rick Hasen echoes this, highlighting that attempts to intervene before the convention lack legal basis.
Even if lawsuits fail, Heritage hopes to complicate the electoral process significantly, citing concerns over election integrity.
The Foundation’s memo points to specific state rules, such as Nevada’s deadline for submitting presidential nominees, which aligns post-convention. Supreme Court precedent also suggests any attempt to mandate nominee certification before conventions could face constitutional challenges.
President Biden has pushed back against calls to withdraw, asserting that primary voters have already expressed their preference. Nevertheless, with the convention looming in Chicago starting August 19, the Foundation’s legal maneuvers threaten to inject further uncertainty into an already turbulent election season.
