Uh Oh… More Bad News for Democrats: Biden Cannot be Replaced on Ballot in Three Swing States, Except for Death or 25th Amendment

The Democratic Party is facing a potential crisis. Following Joe Biden’s disastrous debate performance against Donald Trump, concerns about his fitness to serve have intensified.

The debate has left the party in a state of panic, with whispers of Biden stepping down becoming louder.

It has always been the plan from the start, which is why they scheduled the debate for this year unusually early.

However, it may already be too late to remove Joe Biden from the ballot. The Heritage Foundation’s Oversight Project is gearing up for a counter-fight should Democrats attempt to pull Biden off the top of the ticket, the Daily Mail reported.

We are monitoring the calls from across the country for President Biden to step aside, either now or before the election, and have concluded that the process for substitution and withdrawal is very complicated. We will remain vigilant that appropriate election integrity procedures are followed,” said Mike Howell, Executive Director of The Heritage Foundation’s Oversight Project.

The Heritage Oversight Project has identified three swing states – Georgia, Nevada and Wisconsin – where they believe removing Biden from the Democratic ticket would prevent anyone else from replacing him.

Wisconsin does not allow withdrawal from the ballot for any reason besides death, while in Nevada, no changes can be made to the ballotafter 5 p.m. on the fourth Friday in June of an election year unless ‘a nominee dies or is adjudicated insane or mentally incompetent.’ In Georgia, if Biden were to withdraw less than 60 days before the election, his name would remain on the ballot but no votes would be counted.

I come back to this uncontestable point: the Dem party elders and the Dem party faithful had to know Biden had dementia yet the elders kept serious contenders from filing for the presidential primaries such as RFK Jr. and Biden got 85-90 percent of the Dem vote in most of the state primary elections. So he won the delegates, they are pledged to him, and the voters if they had the slightest bit of sense knew Biden was failing when they voted for him. The party elders changed the primary schedule to put SC first, where Biden was strong and downplay the NH primary and Iowa caucuses where he could prove weak. So they knew this all along and plotted the course so he won the nomination; Biden won it fair and square, you know he was incompetent, stick with him as your nominee instead of plotting to steal it from him and Kamala.

Democrats don’t care about rules
And remember the Wisconsin Supreme Court is now controlled by Democrats

This happened in New Jersey before
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After overtures were made to retired Senator Bill Bradley, Congressman Frank Pallone, and future Senator Robert Menendez to take over as candidate, the New Jersey Democratic Party called upon Lautenberg and he accepted the nomination. This was met with an almost immediate challenge by Forrester and the Republicans as New Jersey law forbade the replacement of candidates on the ballot after a certain deadline. The ballot name change was unanimously upheld by the New Jersey Supreme Court,[26] who cited that the law, as written, did not consider the possibility for an emergency resignation and said that Forrester would have an unfair advantage if Torricelli was left on the ballot.[24] The U.S. Supreme Court declined to take up the case. With the popular Lautenberg now in the race, Forrester’s lead in the polls evaporated and Lautenberg won the election by a 54%-44% margin.

This article hs already been posted. Also, the article is another example of the Gateway Pundit pushing falsehoods.

Another garbage article from the Gateway Pundit

Let’s take a look at one of the salient sentences in the article:

” while in Nevada, no changes can be made to the ballotafter (sic)5 p.m. on the fourth Friday in June of an election year unless ‘a nominee dies or is adjudicated insane or mentally incompetent.’

1) The Republican Convention is on July 15-18 this year which is after the fourth Friday in June deadline.

2) nowhere in the NRS has the quoted sentence from the article 3)Here is the actual controlling statute

NRS 293.165 Procedure for filling certain vacancies in major or minor political party nomination or nonpartisan nomination; deadline for making changes to general election ballot.

1. Except as otherwise provided in NRS 293.166, a vacancy occurring in a major or minor political party nomination for a partisan office may be filled by a candidate designated by the party central committee of the county or State, as the case may be, of the major political party or by the executive committee of the minor political party subject to the provisions of subsections 3, 4 and 5.

2. A vacancy occurring in a nonpartisan office or nomination for a nonpartisan office after the close of filing and before 5 p.m. of the fourth Friday in July of the year in which the general election is held must be filled by the person who receives or received the next highest vote for the nomination in the primary election if a primary election was held for that nonpartisan office. If no primary election was held for that nonpartisan office or if there was not more than one person who was seeking the nonpartisan nomination in the primary election, a person may become a candidate for the nonpartisan office at the general election if the person files a declaration of candidacy with the appropriate filing officer and pays the filing fee required by NRS 293.193 after 8 a.m. on the third Monday in June and before 5 p.m. on the fourth Friday in July. 3. If a vacancy occurs in a major political party nomination for a partisan office after the primary election and before 5 p.m. on the fourth Friday in July of the year in which the general election is held and:

(a) The vacancy occurs because the nominee dies or is adjudicated insane or mentally incompetent, the vacancy may be filled by a candidate designated by the party central committee of the county or State, as the case may be, of the major political party.

(b) The vacancy occurs for a reason other than the reasons described in paragraph (a), the nominee’s name must remain on the ballot for the general election and, if elected, a vacancy exists.

4. No change may be made on the ballot for the general election after 5 p.m. on the fourth Friday in July of the year in which the general election is held. If, after that time and date:

(a) A nominee dies or is adjudicated insane or mentally incompetent; or (b) A vacancy in the nomination is otherwise created,

Ê the nominee’s name must remain on the ballot for the general election and, if elected, a vacancy exists.

5. Each designation of a candidate provided for in this section must be filed with the appropriate filing officer before 5 p.m. on the fourth Friday in July of the year in which the general election is held. In each case, the candidate must file a declaration of candidacy with the appropriate filing officer and pay the filing fee required by NRS 293.193 before 5 p.m. on the date the designation is filed.

I think Gateway Pundit is wrong about this. Let's review how the election process works in Presidential elections.

Each State and some districts have either a caucus, convention or a State primary election. As a result of these preceedings delegates are allocated to candidates, and specific people are chosen as the delegates.
<---------WE ARE HERE
The delegates go to the National Convention
The National Convention chooses the Party nominee
The nominees names are sent to the States and put on the ballot.
The general election takes place.

The specific claim the Gateway Pundit makes is:

The Heritage Oversight Project has identified three swing states – Georgia, Nevada and Wisconsin – where they believe removing Biden from the Democratic ticket would prevent anyone else from replacing him.

But the Democratic Ticket hasn't been created yet. So Biden isn't being "removed". The ticket is formed at the Convention, not before.

The Parties have almost total autonomy and complete control of the rules and procedures used for the convention. It's common to change rules at these conventions.

Gateway Pundit is a great resource, but it's a small outfit with only a few reporters, and everyone can't be an expert at everything. They put out a tremendous amount of material every day, and yeah, sometimes they get stuff wrong.

I am pretty sure this is one of those times.

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