How is it that states can decide (or whatever the correctt word is) who’s on the ballot when the party hasn’t even officially nominated a candidate? I know that political parties are separate from election institutions, but it seems very strange. And it seems very early for states to have it set in stone.
They can’t. The nominee is chosen by the party and then communicated to the states. The states do have deadlines for being on it and this year some organizational genius scheduled the convention after the earliest deadline in Ohio. Ohio has since moved that deadline back, but the structure of the law leaves room for shenanigans so the DNC is moving forward with a virtual vote before the convention.
Yes, with a big asterisk on the “should”. The law that pushes the deadline back may theoretically not go into effect until after the deadline is passed, and they paired it with some other campaign finance rules that are probably unconstitutional, so there’s an outside chance the whole thing gets struck down.
All that said, the Democrats won’t win Ohio for the presidential race. They want to be on the ballot to help turnout for the Democratic senator who’s running at the same time. So if they took a risk and lost, it wouldn’t be the end of the world.
I am not a lawyer, but what is clear is that each State sets its own laws. By the constitution, States are in charge of elections.
What I have heard is that Biden has to release his delegates, who are already bound to him. Many states have already had their primaries completed with the Biden/Harris ticket winning.
Sending those electors to the Convention and letting them choose someone else is going to be a grey area.
If they choose Harris, it’s pretty sound. When a president steps down, the VP becomes president, so there is definitely precedent and a legal basis.
But if Biden releases his delegates and lets them vote for anyone? That will be challenged and it will go to the supreme court. And SCOTUS is corrupt enough to find some flimsy legal excuse that helps Republicans.
So yeah, that’s what I’ve heard. But I am not an expert.
How is it that states can decide (or whatever the correctt word is) who’s on the ballot when the party hasn’t even officially nominated a candidate? I know that political parties are separate from election institutions, but it seems very strange. And it seems very early for states to have it set in stone.
They can’t. The nominee is chosen by the party and then communicated to the states. The states do have deadlines for being on it and this year some organizational genius scheduled the convention after the earliest deadline in Ohio. Ohio has since moved that deadline back, but the structure of the law leaves room for shenanigans so the DNC is moving forward with a virtual vote before the convention.
So legally it should be fine to decide at the DNC?
Yes, with a big asterisk on the “should”. The law that pushes the deadline back may theoretically not go into effect until after the deadline is passed, and they paired it with some other campaign finance rules that are probably unconstitutional, so there’s an outside chance the whole thing gets struck down.
All that said, the Democrats won’t win Ohio for the presidential race. They want to be on the ballot to help turnout for the Democratic senator who’s running at the same time. So if they took a risk and lost, it wouldn’t be the end of the world.
I am not a lawyer, but what is clear is that each State sets its own laws. By the constitution, States are in charge of elections.
What I have heard is that Biden has to release his delegates, who are already bound to him. Many states have already had their primaries completed with the Biden/Harris ticket winning.
Sending those electors to the Convention and letting them choose someone else is going to be a grey area.
If they choose Harris, it’s pretty sound. When a president steps down, the VP becomes president, so there is definitely precedent and a legal basis.
But if Biden releases his delegates and lets them vote for anyone? That will be challenged and it will go to the supreme court. And SCOTUS is corrupt enough to find some flimsy legal excuse that helps Republicans.
So yeah, that’s what I’ve heard. But I am not an expert.