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4 months ago
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With just four months until the presidential election, Democrats scramble to decide if they should replace President Joe Biden with a different candidate on their ticket in November.
After the 81-year-old stumbled, mumbled and blank-stared his way through his debate with Donald Trump in Atlanta last month, Democrats are concerned about his mental fitness and viability as a candidate.
The Democratic National Convention in Chicago, Illinois is August 19-22 and will conclude with the party choosing its nominee for 2024.
It's now unclear if that will still be Biden.
Some names being floated as his replacement are California Gov. Gavin Newsom, Michigan Gov. Gretchen Whitmer and – more begrudgingly – Vice President Kamala Harris.
DailyMail.com breaks down how Democrats can oust Biden and the state laws regarding ballot printing and when it might be too late for the Party to choose a replacement for the incumbent president.
Democrats are scrambling as they consider trying to replace Joe Biden on their November ticket after they were spooked by the president's disastrous debate performance
How can the Democratic Party bring a new candidate?
Biden is the sole candidate who is officially eligible for nomination at this stage, according to the party rules that will be formalized during the first day of the Convention on August 19.
Those within the Democratic Party have acknowledged that current rules make it hard for other candidates to earn the nomination this year and if Biden doesn't agree to step aside, the prospects become essentially impossible.
Delegates were finalized at selection on June 22 and were chosen on a state-by-state basis to represent support for the president in the nomination process. It's unlikely they would shift their backing.
There are 43,933 pledged Democratic delegates for 2024 and to win the presidential nomination a candidate must earn a majority of them – estimated at 1,968 this year.
But many say they aren't changing this late in the game.
'That's not even remotely a topic of conversation,' Aaron Sims, a Biden delegate in Nevada, told ABC News on changing his vote from Biden to another candidate.
And Sami Khaldi, a Biden delegate from Michigan, added: 'I am still supporting President Biden until this moment.'
Democratic delegates are 'pledged' to a candidate meaning by party rules delegates 'shall in all good conscience' reflect the views of those who elected them.
There is no official penalty if a delegate votes differently – but if a Biden delegate simply sits out of the first round of balloting instead of backing the president, their vote would not count towards anyone.
Party officials say the delegates are required to hold their 'virtual roll calls' for the presidential nomination before August 7, which is the deadline to get on the ballot in Ohio. But delegates are still in the dark on when the roll call is happening and say one month isn't enough time.
Some delegates are now pushing for more time to decide if they really want Biden running for reelection in November.
Biden stumbled his way through his CNN debate with former President Donald trump at CNN's headquarters in Atlanta, Georgia on June 27
Some are now demanding the president step aside for a different candidate. Names floated so far are former Vice President Kamala Harris (left), California Gov. Gavin Newsom, Michigan Gov. Gretchen Whitmer and others
Alabama
The deep red southern state requires parties to submit the names of their certified candidates 82 days prior to the general election – meaning they would need to be sent on August 15.
But since the Democratic Party's nominating convention isn't until the week following that deadline, the Alabama legislature unanimously passed a motion to allow the DNC to notify the state of the presidential nomination on August 23.
It's unclear if Alabama would accept any candidates that might emerge as a replacement for Biden if it were after that date.
Alaska
All formal submission of presidential candidates and their vice presidential picks must be submitted in Alaska by September 1.
And the day after, September 2, is the deadline for general election candidates to withdraw from their name appearing on the ballot in November.
Arizona
Battleground swing state deemed a toss-up by the Cook Political Report
Early ballots will begin mailing out to voters on October 9, meaning nominees' names need to be submitted to the state for printing before that date.
Once the political parties nominate their candidates at the conventions this summer, the names will be transmitted to Arizona for ballot printing.
Arkansas
On August 22 – 75 days before the general election – political groups must submit a certification of their choice for presidential and vice presidential nominees for the 2024 ticket in Arkansas.
The Secretary of State will certify the full list of candidates on that day.
Additionally, that deadline applies for those who want to withdraw their name from the general election ballot.
By September 20, 46 days before the election, county clerks must have all ballots delivered to absentee voters.
California
The certified list of candidates will be posted on August 29, a week after the conclusion of the Democratic Convention results in the selection of their party's nominee.
Ballots will be mailed out before October 7, which is the same day early voting sites open in the Golden State.
Colorado
Political parties must no later than 75 days before the general election make their nominations public. This year, that falls on August 22 – the day just before the end of the DNC Convention
The general election ballot must be printed and in possession of each county clerk in Colorado no later than 32 days before the election.
This year, the ballots will be printed on October 4 – meaning any candidate that wants their name to appear must be filed with the state beforehand.
Colorado tried to disqualify Trump from appearing on their Republican primary election ballot earlier this year. But the Supreme Court ruled that the state lacked the authority to boot him from their election.
Trump won the Republican primary in Colorado with 63.4 percent of the vote and Biden won the Democratic contest with 82.6 percent.
Biden admitted he 'screwed up' at the debate amid a chorus of calls for him to end his reelection bid
Connecticut
The state will start printing absentee ballots as soon as candidates are certified and at least by September 16.
Delaware
Officials for the Democratic and Republican parties must file certificates of nomination for their respective candidates by September 3 to appear on November's ballot.
Florida
August 24 is the deadline for Democrats to submit their presidential electors and name of their candidate for the general election in November. This is two days after the conclusion of the Convention this year.
The state must send out vote-by-mail ballots by September 21, meaning ballots must be finalized and printed prior to that date.
Georgia
Battleground swing state deemed a toss-up by the Cook Political Report
The last day for local jurisdiction to provide information for the November 5 general election ballot is on August 9 but the deadline for ballot printing isn't until early September.
September 17 is the first day that registrars can start mailing out absentee ballots.
The Peach State voted red in 2016 for Trump and flipped blue in 2020 for Biden by just 0.3 percent of the vote.
Trump is facing a lawsuit in Fulton County by District Attorney Fani Willis for election subversion after he called the then-Secretary of State Brad Raffensperger and demanded he 'find' the more than 11,000 votes needed for a victory in Georgia.
Hawaii
The national political parties must file a sworn document with their choices for president and vice president with Hawaii's chief election officer before September 6 at 4:30 p.m.
Idaho
The deadline for parties to portray their candidates' name to Idaho is August 30 for the general election ballot.
Candidates must notify the state by September 6 if they want to withdraw their candidacy.
Illinois
The Democratic National Committee's 2024 Convention is held in the midwest city of Chicago, Illinois as the rust belt becomes increasingly important to clinch in November.
Absentee general election ballots for U.S. military members and those overseas have a mail-out deadline of September 20.
The rest of vote-by-mail ballots will go out by September 26.
Indiana
August 1 is the deadline for Democrats, Republicans and Libertarians to withdraw a declaration of candidacy for their nominees for the general election in towns of less than 3,500.
By noon on September 4, circuit court clerks need to file a copy of the certificate of nomination from conventions and by September 21 the election board needs to mail out absentee ballots.
Iowa
Federal candidates must file paperwork to be the nominee with the Iowa Secretary of State by August 24 at 5:00 p.m.
August 29 is the deadline for parties to replace any candidates who withdrew, died or were found ineligible for federal office.
Kansas
Counties must mail out the first round of absentee ballots to military members living overseas by September 21.
Candidates must be finalized for ballot printing before that date.
Kentucky
September 16 – and at least 50 days before the general election – is the last day for printing regular and absentee ballots in Kentucky.
Candidates must be certified to the state before this date.
Louisiana
If the Louisiana Secretary of State cannot certify candidates prior to August 20, then the national chairs of the Republican and Democratic parties certify their presidential candidates before 4:30 p.m. on August 23 – one day after the DNC Convention.
Maine
Candidates must withdraw their name from the presidential general election ballot in Maine at least 70 days before the general election.
The names will still appear on the ballot if they aren't withdrawn by August 27 by 5:00 p.m.
Maryland
September 2 is the deadline for the Maryland State Board of Elections to certify the arrangement of its ballots for the general election and placement of the candidates' names.
By this date the sample ballot must be posted to their website.
Massachusetts
Parties must submit to the state's Elections Division the certified signatures and nomination papers for their candidates by August 27 – five days after the conclusion of the Democratic Convention.
On August 30, any candidates that want to withdraw must submit their papers by 5:00 p.m. in order to be taken off of the general election ballot.
Michigan
Battleground swing state deemed a toss-up by the Cook Political Report
By September 21, county clerks must deliver absentee voter ballots for the general election to local clerks and they must be printed and ready for dissemination to voters by September 26.
Trump won Michigan in 2016 and it flipped blue in 2020.
Minnesota
The chair of the Democratic National Committee must certify to Minnesota's Secretary of State's office the name of their nominee at least 71 days before the general election, which falls on August 26 this year.
Mississippi
September 11 is the deadline for when the Mississippi Secretary of State publishes a sample general election ballot for the presidential race.
Missouri
The last day for candidate certification in Missouri is August 27, five days after the Democratic Convention concludes. The candidate must be filed with the state by July 30.
Montana
August 12 is the last day for candidates to withdraw general election candidacy in Montana.
If Democrats wanted to replace Biden with a different candidate in Montana after already nominating him at the end of the Convention, they would have to do so by August 21 to get them on the ballot.
Nebraska
The deadline for the Nebraska Secretary of State to certify candidates for the general election ballot is September 13.
September 30 is the deadline for election officials to have early mail-in ballots printed and ready for distribution.
Nevada
Battleground swing state deemed a toss-up by the Cook Political Report
Major political parties need to provide the Nevada Secretary of State the names of the president and vice president candidates by 5:00 p.m. on September 3.
No later than 40 days before the general election – September 26 this year – county clerks need to prepare and distribute mail ballots to residents living outside the state.
New Hampshire
The Secretary of State must receive by September 4 the names of parties' nominees for the general election.
New Jersey
Electors for president and vice president in the general election must be filed with New Jersey by 4:00 p.m. on July 29.
New Mexico
August 27 is the last day candidates are able to withdraw their name from the ballot in New Mexico for the general election in November and is the last day to submit a replacement.
The country clerks need to have printed and prepared for mailing ballots going to military members stationed outside the U.S. by September 21.
New York
There is a deadline of September 11 for New York's certification of the general election ballot.
North Carolina
Battleground swing state deemed a toss-up by the Cook Political Report
Boards of elections will begin mailing absentee ballots on September 6, 2024, meaning presidential nominees must be known before that date for printing.
North Carolina voted red in 2016 and 2020 but is considered a swing state. Cook Political Report puts the state as 'lean Republican,' meaning while it's likely to vote for Trump again, there is a potential of a Democrat upset.
President Biden and first lady Jill Biden appeared for a rally in Raleigh, North Carolina the day after the debate as Democrats try to flip the loosley red state to blue in November
North Dakota
Nominations for candidates for president and vice president must be filed with North Dakota's Secretary of State 64 days before the November 5 general election – on September 3 this year.
Ohio
Candidates must complete by August 7 all paperwork and filings to appear on the ballot in Ohio.
This deadline is before the Democratic National Convention, but delegates are expected to complete a 'virtual roll call' that will unofficially choose the nominee before the convention and allow for proper reporting to the state.
Some delegates claim, however, that one month isn't enough time to decide if Biden should remain the nominee and are pushing for an extension.
Oklahoma
Deadline for political parties to certify nominees for the 2024 ballot no later than August 21 this year, which is 75 days before the general election.
But since the DNC will not end its Convention until one day later than the deadline, the state does allow for a provision to certify the candidates upon adjournment of the nominating events on August 22.
Oregon
The Secretary of State will stop accepting declarations of candidacy for the general election on August 27 at 5:00 p.m.
Oregon will complete a random ordering of candidates names for the ballot on August 28.
Pennsylvania
Battleground swing state deemed a toss-up by the Cook Political Report
Candidates must withdraw in Pennsylvania by August 12 if they were nominated by a party and no longer want to be included on November's ballot.
Five days after the DNC Convention concludes, Pennsylvania's Secretary of Commonwealth will transmit by August 27 names of candidates to be included on the general election ballot in November.
Pennsylvania is a key swing state that voted red for Trump in 2016 and swung blue for Biden in 2020. It's one of the states Republicans think they can win back in 2024.
Rhode Island
The deadline for parties to certify names of their presidential candidates to Rhode Island's Department of State Elections Division at least 54 days before election day. This year that's on September 12.
South Carolina
No dates were immediately publicly available for candidates deadlines.
South Dakota
August 6 at 5:00 p.m. is the deadline for candidates to withdraw their name from the general election ballot in South Dakota.
The Secretary of State of South Dakota must certify names of all candidates for the ballot by 5:00 p.m. the third Tuesday in August, which falls on the 20th this year – two days before the end of the Democratic Convention.
Absentee voting begins on September 20.
Tennessee
No dates were immediately publicly available for candidates deadlines, but early in-person voting begins on October 16 – meaning ballots must be finalized and printed in September.
Texas
Four days after the Democratic Convention concludes on August 22, the party must transmit the name of their party's nominees for president and vice president to Texas.
The communication must be sent no later than 5 p.m. on August 26 – 71 days before the presidential election.
If the Convention were held after this date, the party would be granted an extension to submit the names the first business day after the events adjourned.
Utah
September 10 is the deadline for the state to start sending out ballots to military members and residents living overseas, meaning certification and finalization of candidates must be approved between then and the end of the Democratic Convention on August 22.
Vermont
Democratic Party chair must 65 days before the general election transmit in writing the names of the president and vice president candidates for the party.
This year the deadline is September 1.
Trump held a post-debate rally in Chesapeake, Virginia on June 28
Virginia
Although ranked as a solidly blue state, some Republicans see Virginia as flippable in 2024 after the Commonwealth voted for a Republican governor in the 2022 midterms.
The presidential general election ballot must be printed 45 days preceding Election Day.
This means the ballot would be set in stone by September 21.
Gov. Glenn Yougkin, a Republican, beat former Democrat Terry McAuliffe in the general election as the former governor tried to take over for outgoing Gov. Ralph Northam, who was unable to run for a consecutive term under Virginia law.
Before Youngkin's victory, a Republican governor was not elected in Virginia for 15 years – since Bob McDonnell in 2009.
Washington
The last day to mail out ballots for the general election is September 21 for military members and Washington state residents living overseas.
There is no immediate date available when the ballot can no longer be changed, but it would be earlier in September to allow for printing of mail-in ballots.
West Virginia
August 13 is the last day for candidates to withdraw from the general election with country clerks.
The deadline for the West Virginia Secretary of State to certify the names of political parties' nominees for the general election ballot is between August 21 and 27.
Then the Secretary of State will draw names on August 27 for the order they will appear on the ballot in November.
Wisconsin
Battleground swing state deemed a toss-up by the Cook Political Report
The Republican National Convention is being held in Milwaukee, Wisconsin on July 15 through 18.
Municipal clerks have a September 19 deadline to send out absentee ballots, meaning the candidates must be certified for ballot printing earlier than that date.
Wyoming
Independent candidates must file 70 days prior to the general election – on August 26 this year.
September 20 is the deadline for the Secretary of State to post a sample general election ballot, meaning all must be certified earlier in the month.
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