Thursday, August 15, 2024

Ballot Access Problem

VP Harris may have an issue with getting her name on all the ballots.  Joe Biden won every race, which was how one gets his name on the November ballot.  By dropping out, that does not automatically change the name.  Nor does his endorsement after his dropout assure that the endorsee is listed on the ballot.  What if he had endorsed Trump?  Crazy, but we all know his endorsement in that case would be ignored and tossed.  Let's suppose all the delegates vote for Kamala at the forthcoming convention.  That would be a return to the old style of choosing candidates, back before we had primaries.  One of the reasons for the switch to primaries was to disempower the political bosses in the smoke-filled rooms from imposing a candidate.  The primaries chose Joe Biden; the party bosses have selected Kamala Harris.  Is that legal?

Bernie Sanders' supporters took the Democratic Party to court for putting a thumb on the scale against him.  The judge agreed that the party 'cheated' to make sure Bernie wasn't the nominee, but the party gets to do what it wants.  It's a political party, not a government agency or business that must follow laws.  It is not up to the courts to decide how political parties choose candidates.  With that in mind, the switch to Kamala is likely to be fine as far as the party is concerned but that still leaves the states.

States have election laws.  Do the states allow for a switch after the primary?  Most almost certainly do, but maybe not all.  That could be a problem.  Back in June, there was a concern that Joe Biden would not appear on the Ohio ballot.  Legislation was passed and the Republican governor signed it in order that Joe Biden would be listed on the Ohio ballot; there was a deadline, which is why it was a newsworthy issue.  Will there need to be additional legislation to switch to Kamala?  If so, should the Republicans oblige?  Lawfare is apparently fair play this year.

I have heard it asserted that Joe Biden will either resign or be forced out of office before the election.  Why?  Because that will make VP Harris the president and the sitting president is always listed on the ballot.  Here is the opportunity to overcome any legal issues and transform Kamala Harris into the incumbent president.  Is it likely?  Probably not, but I wouldn't rule it out.

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