After the Debate: Choices for 2024

Segment # 194

It was amazing to me that some Democrats sincerely seemed shocked by Biden’s debate performance. I know viewers on the left have been protected from all of Biden’s problems… I just didn’t appreciate the degree. On this thread, we have been reporting this for years. It does beg a question for all of us. How can we honestly believe anything this administration says? And that isn’t a partisan question. That’s a question for the well-being of all Americans. Biden should not be the president of the United States.

First a little history, then a review of the Democrat’s options which, at best, will be very messy. Over the past weeks, Democrat leaders have changed their positions on Biden’s candidacy daily. That is not a good look. This will be a crazy five months.


Remember a little History – During Trump’s term they asked for the cabinet to invoke the 25th Amendment over 600 times

Democrats use 25th Amendment to threaten Trump

https://www.youtube.com/watch?v=cKqrABbROfk


How House Members Voted On 25th Amendment Resolution

https://www.npr.org/sections/trump-impeachment-effort-live-updates/2021/01/13/956254822/how-house-members-voted-on-25th-amendment-resolution

The Democratic-controlled House approved a resolution Tuesday night calling on Vice President Pence to invoke the 25th Amendment of the Constitution to assume the powers of the presidency.

The resolution, introduced by Maryland Rep. Jamie Raskin, argues that President Trump has demonstrated an "inability to discharge the most basic and fundamental powers and duties of his office," including defending democracy, in the wake of a insurrection by pro-Trump extremists who breached the U.S. Capitol.


House Democrats to vote to impeach Trump Wednesday, but begin with 25th Amendment push

https://rollcall.com/2021/01/11/democrats-likely-to-impeach-trump-this-week-but-begin-with-25th-amendment-push/

Democrats last week also called for Vice President Mike Pence and a majority of the Cabinet to invoke the 25th Amendment to remove Trump from office. 


Lawmakers called back to D.C. to vote on Trump's impeachment, removal under 25th Amendment

https://www.nbcnews.com/politics/congress/house-democrats-consider-impeachment-25th-amendment-measures-n1253693

WASHINGTON — House Democrats plan to vote on a measure calling on Vice President Mike Pence to invoke the 25th Amendment against President Donald Trump and on an article of impeachment in the next two days.

Democrats introduced the impeachment article Monday charging Trump with "incitement of insurrection" in urging his supporters to march on the U.S. Capitol last week, as well as a resolution that calls on Pence to invoke the 25th Amendment to the Constitution to remove him from office before Jan. 20. 


Our probable Options

‘Gutfeld!’: Dems debate Kamala’s fate – What Can Be?

https://www.youtube.com/watch?v=hdg5zoat5p4

 

In January 2021, House Democrats introduced and passed a resolution urging Vice President Mike Pence to invoke the 25th Amendment to remove President Trump from office. The resolution, authored by Rep. Jamie Raskin, called on Pence to declare Trump unable to discharge the duties of his office . This effort was part of a broader push by Democrats to hold Trump accountable for the January 6th Capitol attack. 



Biden Options – This is a Mess of Their Own Making and its Complicated

Continue his campaign: Despite concerns about his age and performance, Biden could choose to stay in the race. His campaign has ruled out the possibility of him stepping down, and he has reassured supporters of his intention to continue

Voluntarily withdraw: If Biden decides to end his campaign, it would open up the possibility for other Democratic candidates to seek the nomination. This is the only scenario in which replacing Biden becomes feasible, as Democratic Party rules make it nearly impossible to replace a nominee without their consent

Face potential challenges within the party: While unlikely, there could be increased pressure from within the Democratic Party for Biden to step aside, especially if concerns about his performance persist. . However, this would still require Biden's voluntary withdrawal to be effective. If Biden were to withdraw, several potential replacements have been discussed:

Vice President Kamala Harris: As the current VP, she would be a prominent contender, though her candidacy would present challenges due to mixed approval ratings

Governors: Gretchen Whitmer (Michigan), Gavin Newsom (California), Josh Shapiro (Pennsylvania), and J.B. Pritzker (Illinois) are mentioned as potential alternatives.  Other political figures: Pete Buttigieg, Raphael Warnock, and Amy Klobuchar are also cited as possible candidates

It's important to note that replacing Biden would be a complex process involving delegate reallocation, potentially leading to a brokered convention. The decision ultimately rests with Biden himself, and any change would face significant logistical and legal challenges, especially as the election draws nearer.

 

Federal Election Commission – restrictions on Campaign Funds

There are significant campaign finance restrictions that would impact the decision if Biden were to withdraw from the 2024 presidential race:

Limited direct transfers: If Biden withdraws, he could only directly transfer $2,000 per election to another candidate from his campaign committee funds. If he converts his campaign committee to a PAC, he could transfer $3,300 to another candidate

No large-scale fund transfers: Biden cannot simply transfer the millions in his campaign account to a new candidate. The law does not allow for such large direct transfers between candidates

Complicated refund process: Biden could refund remaining funds to donors, who could then contribute to a new candidate. However, this would involve complex calculations, especially for funds earmarked for the general election. There's no guarantee donors would redirect refunded money to the new candidate

Independent expenditure limitations: Biden's campaign committee could be converted to a PAC to run independent expenditures supporting a new candidate, but it would face higher advertising rates and couldn't coordinate with the new campaign

Advantage for Kamala Harris: As Biden's running mate, Harris is the only person who could seamlessly continue using the Biden-Harris campaign committee funds if she became the nominee. This gives her a significant financial advantage over any other potential replacement candidate

Time constraints: With limited ability to transfer funds, a new candidate (other than Harris) would face significant challenges in quickly establishing a well-funded campaign organization, especially this late in the election cycle.

These restrictions mean that from a practical and financial standpoint, Biden and Harris are essentially the only two viable options for the Democratic ticket at this stage of the campaign, barring extraordinary circumstances

Complications for Ballot Access

Ballot access in the 2024 United States presidential election - Procedures and laws determining candidate ballot appearances

Decentralization

Election processes are decentralized as established by Article I, Section 4, of the United States Constitution, with laws enforced by states.

Requirements Variation

Requirements for ballot access vary between primaries and general elections, and may also differ by political party.

Strategy for Independents

Independents, such as Robert F. Kennedy Jr., may create or join parties to meet lower ballot access requirements in some states.

Yes, there are significant time constraints for ballot access that would impact any potential changes to the Democratic ticket for the 2024 presidential election:

  1. State-specific deadlines: Different states have varying deadlines for candidates to qualify for the ballot. For example:

  • Ohio's deadline is August 7, 2024, which is before the Democratic National Convention (scheduled for August 19-22)

·  Alabama's deadline is August 15, 2024, also before the convention          

       

·  Washington state's deadline is August 20, 2024, which falls during the convention

  1. Convention timing: The Democratic National Convention's late scheduling (August 19-22, 2024) creates conflicts with several states' ballot access deadlines

 

Filing requirements: Many states require candidates to file paperwork, gather signatures, or meet other criteria well in advance of the election. These requirements vary by state and can be time-consuming to fulfill

 Primary election dates: The primary election calendar, which runs from March to September 2024, further complicates any potential changes to the ticket

Legal challenges: If deadlines are missed, campaigns may need to resort to legal action to secure ballot access, which takes additional time and resources

Provisional certifications: Some states may allow for provisional ballot access certifications, but these often need to be submitted before the convention as well

 

These time constraints mean that any decision to replace Biden would need to be made well in advance of the Democratic National Convention to ensure the new candidate could meet various state ballot access requirements. The later such a decision is made, the more challenging and potentially impossible it becomes to secure ballot access in all 50 states.

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