Democrats are feeling pressure to convince President Joe Biden to step aside from the ticket before state ballot certification deadlines to avoid legal challenges. Party rules allow for the replacement of a nominee before or after the convention, but doing so too close to the election could jeopardize key states’ Electoral College votes. State laws vary on ballot certification and vacancies, presenting challenges for replacing a nominee late in the game. Maine and Wisconsin, in particular, have strict deadlines that could prevent a replacement candidate from being on the ballot if Biden were to step aside after a certain date. The complicated tapestry of state laws, including laws governing faithless electors, could result in legal challenges if a replacement nominee is attempted for political reasons. The involvement of state legislatures, courts, and potentially the Supreme Court could make the process even more uncertain. Democrats are making efforts to address these challenges by potentially retooling their nominating process to avoid legal questions. Ultimately, replacing Biden for political reasons would be a complex and risky endeavor, with legal battles and uncertain outcomes in key states that could impact the election.
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