Even before President Joe Biden’s long-speculated withdrawal from the 2024 presidential race, allies of former President Donald Trump floated the possibility of suing to block Democrats from having anyone other than Biden on the ballot in November.

But election administration and legal experts said the timing of Biden’s exit on Sunday makes it unlikely that any Republican ballot access challenges will succeed, with some calling the idea “ridiculous” and “frivolous.” Democrats are on safe legal ground as they identify a new standard-bearer, they say, because the party hasn’t officially chosen its nominee. That typically occurs with a vote of delegates at the party’s convention.

It’s ridiculous for people to talk about ‘replacing Biden.’ He hasn’t been nominated yet,” said Richard Winger, a leading expert on state ballot access laws and the longtime editor of the “Ballot Access News” newsletter.

  • @OccamsRazer@lemmy.world
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    -49 months ago

    Given where we are now, it seems obvious that you would let the delegates pick the candidate, but it’s sort of strange that The People don’t actually get any say in who the candidate is. Kamala will get the nomination from the ruling class alone. It’s an option that could be used to circumvent the democratic process. Something to keep an eye on.

  • @solsangraal@lemmy.zip
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    289 months ago

    it’s hilarious that they’re proving in real time just how pants-shittingly scared of harris they are.

    “keep the old man in!!! we don’t want to go up against a younger woman whom we can’t publicly criticize for not being white!”

    • Nougat
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      229 months ago

      … whom we can’t stop ourselves from publicly criticizing for not being white!

      FTFY

    • @Asafum@feddit.nl
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      59 months ago

      “DEI” is the new codeword for the “n-word” so they say it all day every day…

      Imagine thinking you’re being “smart” by not being openly racist, by being openly racist in your accusation that “this person couldn’t possibly get here by their merits, they’re here because of their skin color.”

      …yep still racist there little buddy…

      • Todd Bonzalez
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        19 months ago

        Just play dumb and say “DEI? What does that mean”, and they’re guaranteed to say something racist just explaining it in their own words.

  • @takeda@lemmy.world
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    1489 months ago

    They absolutely have no legal basis, my only worry is that they have activists in SCOTUS which showed us multiple times that they don’t care what the Constitution says.

    • @dragontamer@lemmy.world
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      9 months ago

      Historically speaking, we Americans usually ignore what the SCOTUS says. Virginia was practically segregated into the early 1970s, for example, well over a decade after Brown v Board of Education.

      That’s the hilarious part of the SCOTUS. They kind of don’t matter.


      The response to an unjust SCOTUS is to ignore them. Like what are they actually gonna do about it?

        • @dragontamer@lemmy.world
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          9 months ago

          Step 1 of the plan is to at least make people aware of the plan.

          There’s more options available than expanding the court or whatever. Ultimately, the reigns of power largely rest in Congress and the President. Supreme Court is the moral center, they’re only effective if people believe their judgements to be moral and just. Otherwise, their statements are just fancy words on a piece of obscure paper.

          Supreme Court has no ability to write laws or enforce them.

    • @chiliedogg@lemmy.world
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      -19 months ago

      There may be an issue with Ohio. The deadline for getting on the ballot the is like 2 days before the DNC, and we won’t officially know who the nominee will be until after the convention.

    • sp3ctr4l
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      609 months ago

      Exactly.

      It used to be the case that sane people with a modicum of understanding of our government/legal system, or even the ability to do a bit of research, they could just laugh this off.

      But uh, nope, now we live in corrupt/activist Supreme Court era, which throws out decades of precedent and functionally invents new laws as it pleases.

      • @Clinicallydepressedpoochie@lemmy.world
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        9 months ago

        What I love about Clarence Thomas is he is giving us the road map to oppressive systems we have to take down. He has observed the unspoken rules and has codified them into law with his rulings. When Clarence gets exorbitant gifts for his influence it’s not because he’s greedy, we’ll it is, but it’s also him saying, “these are the rules, I get rewarded because I have the seat of power.”

        Clarence is not a secret freedom fighter but he might as well be because he is shining a light and exposing the ugliness that is our judicial system.

    • anti-idpol action
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      29 months ago

      implying any court will do enough to send a major political party to it’s right place at the dumpster of history

  • partial_accumen
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    299 months ago

    Given the bizzaro timeline we’re in it would not surprise me to get a crazy outcome:

    • GOP lawsuit wins, forcing the ballot to be Biden
    • Biden wins the general election, immediately resigns and…
    • Harris is the President.

    What would be really hilarious is, I think that would allow her to serve two more 4 year terms after her 2025-2029 term ends because she would not have run as President the first time.

    • @excral@feddit.org
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      309 months ago

      What would be really hilarious is, I think that would allow her to serve two more 4 year terms after her 2025-2029 term ends because she would not have run as President the first time.

      That’s incorrect. The 22nd amendment states: “no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once”. So unless Biden would wait for at least two years before stepping down, Harris could only be elected for one more term.

      • @Notyou@sopuli.xyz
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        29 months ago

        Thanks for this. I was going to correct them, but didn’t really wanna type out and reference why they were wrong. You are a champion.

  • @Paragone@lemmy.world
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    19 months ago

    This may well work for the repubs, though.

    They want dictatorship, not representative-republic ( falsely-called “democracy” by us foolish peons ).

    Legalism, which the christ they pretend to be aligned-with, repeatedly railed against, calling its devotees “Hypocrites!”…

    https://www.biblegateway.com/quicksearch/?quicksearch=hypocrite&version=AMP

    I believe that in the gaslighting-about-being-aligned-with-christ republican territories … they’re going to get that result to happen…

    Which only could have been prevented had the dems put Harris in the race months ago…

    _ /\ _

  • Maple Engineer
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    69 months ago

    They should have been running on a platform instead of grievance politics. Then it wouldn’t matter who they were running against.

  • @crusa187@lemmy.ml
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    329 months ago

    Just like all of Trump’s election fraud cases (over 60 of them), this will be immediately thrown out as superfluous and/or for inability to provide any evidence.

    Dems haven’t even held the convention to nominate yet, so GOP can keep cryin’ until November.

  • @SirDerpy@lemmy.world
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    -179 months ago

    In 13 states the deadline for petitions for specific independent candidates has already passed. But, in at least 20 states the rules clearly allow Democrats and Republicans to do whatever, whenever.

    If RCV magically appeared then the Green Party would be winning this one with AOC. Most aren’t as stupid as we think. They only lack practical alternatives. I believe harm reduction would be a second choice for so, so many.

    But, RCV isn’t going to magically appear; Even if a politician wanted to, none can save us from the system; And, harm reduction simply isn’t good enough anymore. The only way we progress is by doing much, much more than voting.

    • Baron Von J
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      129 months ago

      AOC and the squad have shown that Progressives can win on the Democratic ticket. Voters just need to turn out in the primaries to get their candidates nominated.

      • @SirDerpy@lemmy.world
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        -39 months ago

        Progressives can win on the Democratic ticket

        Is that what happened to the Sanders campaign, twice? Are you certain there’s not a SCOTUS ruling where the DNC admits their tactics?

        • Baron Von J
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          39 months ago

          Bernie received fewer votes in the primaries but succeeded in motivating more progressives to run and now we have the Squad. Just because he didn’t win the nomination doesn’t mean he didn’t have any success at all. Change takes time and consistent effort.

            • Baron Von J
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              19 months ago

              I’m out here voting in the major party primaries to get better candidates. You’re voting for for a party that has never won a single electoral vote (no 3rd party has won a single electoral vote since Wallace in 1968) and expecting that to somehow convince the actual winners to change the rules in your parties favor then blaming the Democratic party for the Republican party winning. Pretty sure it’s not my head in the sand.

              • @SirDerpy@lemmy.world
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                -19 months ago

                I’m out here educating others about choices they could make.

                You’re voting

                No, I’m not.

                You’re out here making assumptions about me and believing everyone else is too stupid to choose for themselves. It doesn’t even register for you that the rules unfairly limit choices because they favor your choice. Fuck everyone else: You got yours.

                It’s just like the fascists you’re running from. Well done.

                • AmidFuror
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                  29 months ago

                  How does you not voting make your case any better? It’s even less effective than voting third party.

                • Baron Von J
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                  39 months ago

                  I’m out here educating others about choices they could make.

                  And I’m pointing out the historical and statistical futility of either voting 3rd party or not voting as a means to break away from the current Democratic/Republican stranglehold.

                  You’re out here making assumptions about me

                  That’s fair, I did infer from your post advocating for ACO as a Green party candidate that you were voting for Green party. My bad. You did just clearly say you’re not voting. Which, like, how do you expect to achieve your goals then? What’s your concrete plan of action to win by not participating?

                  and believing everyone else is too stupid to choose for themselves

                  No, I’m saying voting 3rd party or not voting isn’t going to unseat the current Democratic/Republican parties and to run those progressive candidates in the Democratic primaries as a more effective means to the desired end.

                  It doesn’t even register for you that the rules unfairly limit choices because they favor your choice. Fuck everyone else: You got yours.

                  Bernie was on the primary ballot, I voted for him, he lost. They didn’t favor my choice. My choice lost. I did not “get mine.” That doesn’t mean I didn’t have a choice. I’m not saying the DNC did no wrong. But he did, in fact, receive fewer votes. And the only things that limit my possible choices are who has actually declared/registered to run on the primary and my willingness to register to vote and actually turn up to vote.

                  I want RCV to be a reality so that 3rd party candidates will be viable. But I can acknowledge the reality that I won’t get RCV by voting third party or by not voting. I will only get it by electing representatives who will fight for it in my stated government, and 3rd party candidates just haven’t been able to win any state/local elections where I live. So I’m voting in the primaries of the two parties who have a statistical chance of winning to get there. And I need more people to do the same in order to “get mine”.

      • AmidFuror
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        -39 months ago

        AOC showed a progressive can win in an area that was +45% for Biden in 2020. I don’t know how many conclusions you can draw about a national run from that.

        • @KevonLooney@lemm.ee
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          49 months ago

          She wins because she represents the people in her district well and understands them on an intrinsic level. She is them.

          • AmidFuror
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            -39 months ago

            That’s precisely the point I’m making. Remember this is in the context of Derpy saying the Greens and AOC would win nationally if there were RCV.

            • Baron Von J
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              19 months ago

              How do you propose achieving RCV without taking over the 2 major parties through their primaries? Honest question. Voting for 3rd parties in the general isn’t achieving that goal. Not voting only tells the majors parties and incumbents you don’t have an opinion they have to listen to because one of them will still win without it. You’re never going to get a watershed shift to the left by focusing only on the presidential race with a third party. Bernie’s Democratic party primary campaigns did more for the left than 3rd parties have done in the last 50 years (no 3rd party presidential candidate since Wallace in 68 has received a single electoral vote) by getting more progressives to run in Democratic primaries.

              • AmidFuror
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                09 months ago

                I was only commenting on the idea that with RCV, AOC and the Greens would win the Presidency this year. I think RCV is a good idea. I don’t know how to achieve it. The nice thing about it is that states and municipalities that adopt it don’t put themselves at any kind of disadvantage, so it doesn’t have to happen all at once.

                • Baron Von J
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                  19 months ago

                  👍I would absolutely love if we had RCV nationwide. Also compulsory voting, mail-in ballot as standard nationwide, a mandatory “none of the above” option for every elected office, and a requirement that an actual majority of eligible voters is required to win the race (which should be possible through the combination of RCV and compulsory voting). But that takes either a Constitutional amendment or a coordinated and prolonged effort within each state to take over the legislatures.

        • Baron Von J
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          19 months ago

          Wow it’s too bad I only mentioned AOC and nobody else …

          We have progressives from multiple states now than we did 10 years ago, and their success should motivate more progressives in more states to run in their local primaries. Change takes time and consistent effort. Primary turnout sucks so we get what was chosen for us by a few if we don’t show up.

  • Lemminary
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    419 months ago

    You know as they say: if it looks ridiculous and sounds ridiculous, it’s most likely the GOP.