The Republican Party is gearing up to challenge the expected replacement of President Joe Biden with Vice President Kamala Harris, claiming it might be illegal. House Speaker Mike Johnson announced on Sunday that the Democratic Party’s anticipated switch from Biden to Harris would face legal scrutiny.
“I think they’ve got legal hurdles in some of these states,” Johnson said on CNN. “And it’ll be litigated, I would expect, on the ground there.” The Heritage Foundation, a right-wing group behind Project 2025, has already committed millions of dollars to support this legal challenge. Mike Howell, the executive director of the foundation’s Oversight Project, told Newsweek that the complexity of the challenge varies by state.
“What would make a state the most difficult for replacement depends on timing and how they [the Democrats] do it,” Howell explained. States like Wisconsin, Georgia, and Nevada are being targeted for potential courtroom battles over the candidate switch. These states are among the most contested and have specific procedures for the withdrawal of a presidential nominee.
Harris is the favored candidate to replace Biden, with multiple Democrats endorsing her shortly after Biden announced his withdrawal from the campaign on Sunday. The Heritage Foundation’s memo, shared with Newsweek, outlines the challenges ahead.
“Three of the expected six most contested states have some potential for preelection litigation aimed at exasperating, with legitimate concerns for election integrity, the withdrawal process for a presidential candidate,” the memo read.
The memo detailed that several swing states have specific procedures and timelines for withdrawing a presidential nominee. For instance, in Wisconsin, withdrawal is only allowed in the event of death. Other states permit withdrawal before the 74th day before an election, and failure to adhere to these timelines could result in the candidate’s name remaining on the ballot. However, the memo also noted that in 31 states, there likely wouldn’t be a legal challenge.
“At least 31 states defer to state or national party rules and committees for nominating in the event of withdrawal,” the memo read. “These states circumvent the substitution process highlighted above. There may be some avenues for challenges to these laws on improper delegation grounds, however, these may be marginally beneficial.”
As the political landscape shifts with Harris potentially leading the Democratic ticket, the GOP’s planned legal challenges underscore the contentious nature of the upcoming election. The outcomes of these legal battles could significantly impact the election process and the strategies of both parties.