It’s an interesting concept. But, will it go anywhere? Even if legally correct, I can easily see most judges not wanting to get involved and trying to punt any suits. However, there is something way, way more interesting in this article
Replace Biden? Some Republicans say that’s illegal and plan to file lawsuits to stop it.
While many Americans may have been stunned by Sunday’s news that President Biden had decided to drop out of the 2024 campaign and endorse Vice President Kamala Harris to replace him at the top of the ticket, some Republicans had quietly prepared for that moment.
In fact, they are already preparing to spend millions on lawsuits in key swing states where they believe local election laws forbid swapping out Biden for another Democrat.
In an appearance just hours before Biden announced he was exiting the race, House Speaker Mike Johnson of Louisiana told ABC News that doing so “would be wrong, and I think unlawful, in accordance to some of these states’ rules for a handful of people to go in a back room and switch it out because they’re, they don’t like the candidate any longer.” (big snip)
Wisconsin election law, for instance, is quite explicit on the subject of replacing a candidate after they’ve been selected to appear on a ballot.
“Any person who files nomination papers and qualifies to appear on the ballot cannot withdraw their name from the ballot after filing. The name of that person shall appear upon the ballot except in case of death of the person,” the law states.
For that reason, Wisconsin is seen as one of a handful of states where Republicans plan to file a challenge against Democrats replacing Biden. Two other swing states, Georgia and Nevada, are also on that list.
According to the primary results in Wisconsin, Biden won 87.9% of the Democratic vote. So, he would be the Democrat nominee for Wisconsin, right? That’s who Democrat voters in Wisconsin picked, right? He’s the nominee for the Wisconsin ballot, right?
There’s a simple reason most legal experts believe that the Republican lawsuits have little chance of success: Biden has not yet received his party’s presidential nomination.
During the Democratic primary, Biden earned roughly 99% of his party’s pledged delegates thanks, in part, to the fact that he didn’t face any serious opposition. While those delegates had pledged to vote for Biden at the Democratic convention, they were not legally required to do so under party rules and are unlikely to do so now that Biden has dropped out of the race.
Last week the Democratic National Committee backed off its plan to hold a virtual vote that would have secured the nomination for Biden ahead of the convention. As a result, the party is still without a nominee.
“The Democratic Party did not have an official nominee yesterday, and the same can be said today,” David Becker, a former Justice Department attorney and election law expert, told CNN. “Until the delegates vote, Democratic Party rules state that there is no official Democratic nominee. There was no one to be ‘replaced’ on the ballot because there is nothing to replace yet.”
In other words, the votes of Democrats in primaries are utterly meaningless: the Party will pick the nominee that they want. This is the party that yaps non-stop about Democracy!, yet, votes from voters are quickly discarded. Might voters want to vote for someone else besides Cackles Harris? We’ll never know, because Democrats really are oligarchs: the Elites will tell the peasants what will happen and the peasants will comply.
Regardless, I do not think any judge will actually rule that Harris cannot replace Biden on the ballots, even where the law says it is illegal. Few will want to wade into those waters, knowing that a higher court will shoot it down at some point. Just like many blew off the laws on drop boxes and mail in ballots for 2020, which were way more specific.
Also, a quick note on those saying Harris is ineligible to be president, because she is not natural born: there are multiple thoughts on the subject. Here’s one
So before we so cavalierly accept Senator Harris’ eligibility for the office of vice president, we should ask her a few questions about the status of her parents at the time of her birth.
Were Harris’ parents lawful permanent residents at the time of her birth? If so, then under the actual holding of Wong Kim Ark, she should be deemed a citizen at birth—that is, a natural-born citizen—and hence eligible. Or were they instead, as seems to be the case, merely temporary visitors, perhaps on student visas issued pursuant to Section 101(15)(F) of Title I of the 1952 Immigration Act? If the latter were indeed the case, then derivatively from her parents, Harris was not subject to the complete jurisdiction of the United States at birth, but instead owed her allegiance to a foreign power or powers—Jamaica, in the case of her father, and India, in the case of her mother—and was therefore not entitled to birthright citizenship under the 14th Amendment as originally understood.
The thing about being a natural born citizen is that it also says that they must be subject to the jurisdiction thereof. That’s in the 14th Amendment. When did her father gain citizenship? He did at some point, but, no one knows when. Her mother never did. Were either permanent legal residents when she was born, or within 9 years of her birth, or, were they still on visas, making them subject to the jurisdiction of other countries? Her dad still claims he is Jamaican first in his brief bio. There’s a lot more in that article, as well as a link to dissension. Some will claim simply being born here makes one a citizen. But, does it make them “natural born”? Courts have, to a degree, ruled against being natural born, and even being a citizen.
Again, regardless of any legality and Constitutionality, almost no court will touch this at this time. It would take months at the soonest, and no court will rule these days that she isn’t eligible, probably not even with rock solid proof. They would not want to interfere. Only if it is against Trump will leftist courts jump in, of course.
Joey, where he be?
Drowningpuppies, Joey is sitting at the ice cream bar in the basement of the White House braiding a lanyard for his official White House swimming whistle. Today’s having hot dogs for dinner. And if he’s a good boy tonight a large chocolate dip Dairy Queen.
Of course. This has been the case ever since Obama beat Hillary. So they changed the rules to keep that from happening again. Only the Super-delegates votes matter. I suspect, just like in Communist China, the superdelegates themselves also have no autonomy and do whatever they are told by whoever is really running things. The Democrats are authoritarians and fascists. Rule by the pen and the phone. Ignore court rulings and do whatever they want anyway. Ignore checks and balances. Ignore the legislature.
When it comes to changing ballots, the Democrats also have a history of doing whatever they want and ignoring election laws. All they need is one activist judge, from the hundreds they have appointed, to issue an injunction and declare that the people have a right to vote for a democratic party candidate, even if that party failed to follow campaign laws in the state. We don’t have to guess about any of this. The Democrats have done all of this before and got away with it. Why wouldn’t they do it again?
And birtherism too!! Where was Kamala Nevi Gopalan born??
Adolf elwood, doesn’t it bother you in the least that your party supports non citizenship voting? Somewhere in the recesses of your mind don’t you feel it’s wrong to disenfranchise legitimate voters so they get to stuff ballot boxes with illegitimate voters?
Is your party being in power so important that you wanna delegitimatize the entire system for electing officials from trashman to president? Wouldn’t you feel better knowing everybody was in office because they were actually elected to be in that office instead of being appointed by somebody else that you don’t know who they are? I know I would
that’s the difference between you and me/us. We actually care about the integrity of the Republic. If we lose we lose but if we win we wanna get into office and we don’t wanna be lied out of office by a bunch of unscrupulous power mongers. This is one of the problems that we have ever believing anything you or your party ever says when you’re constantly cheating you end up with a bad reputation or haven’t you noticed? Nobody trusts the Democrats. Nobody trusts Republicans either but they don’t think we’re stealing elections. They don’t trust Republicans because when they get into office they tend to act like Democrats and that’s not what people voted for.
Of course, L.G.B. Why would the party of “by any means necessary” be bothered by ANYTHING in the least? The outcome is all that matters. They literally recognize no limits on their own behavior.
Adolf Brandon,
It’s good question. Should legal, non-citizen residents be allowed to vote?
Of course, today there are very few illegal votes cast, although you don’t believe that.
Recall, it was your losing candidate who tried to overturn the last election and today trashes EVERY American institution from free and fair elections to the military to the NIH. You lost in 2020 but refused to honor the will of the people. We know, we know, your brain forces you to believe beyond any and all rational evidence that your King was cheated.
Americans no longer respect our politicians because they are all liars and cheaters, more concerned with power and money than our nation and our people, but if you think the Dems are worse than the Repubs you are blindly following your crowd.
18% of Americans approve of Congress.
36% of Americans approve of the Supreme Court.
Trump wants to take advantage of American unrest to install an authoritarian government, but a “kinder, gentler” one.
We, The People, have to do a much, much better job of electing our officials. We (Supreme Court) have turned the responsibility over to billionaires and corporations and TV talking heads. We have an oligarchy/plutocracy.
SMF.
I don’t give much of a shit where she was born, just as I didn’t care where His Royal Blackness was born.
But neither was born to two citizen parents (his mother’s side were a bunch of goddamn communists, so they don’t count) with roots in the USA, so TECHNICALLY they might be Americans, but to real Americans, it’s just not good enough. Neither of those idiots belong anywhere near elective office and anyone who thinks they are is conducting an act of sabotage.
I would also happily vote for a black man. But I would never vote for one who ran on being black.
Bro John typed: But I would never vote for one who ran on being black.
Here, fixed it for you: But I would never vote for one who ran while being black.
John Bro proposes a Constitutional Amendment proclaiming only citizens born in the US of two natural born citizen parents be allowed to be President.
In that case, Donald Trump is out.
Mary Anne McCloud Trump (The Donald’s mom) was born in Scotland. Trump’s dad, Fred, was an anchor baby, conceived in Germany, but born in the Bronx. Donald’s papaw, Freidrich, was banished from Germany for draft evasion and had fled to America. The family spoke German at home.
J.D. Vance is in the clear.
James David Vance’s (born James Donald Bowman; later to James David Hamel) parents may have been natural born citizens. He is married to
Usha Chilukuri.
Presidents Kennedy, Johnson, Nixon, Reagan, Clinton, the Bush Presidents all in the clear.
All out:
Vivek Ramaswamy
John McCain was born in the Canal Zone.
Mitt Romney’s father was born in Mexico.
Ted Cruz was born in Canada. His father was born in Cuba.
Nimarata Nikki Randhawa’s parents were born in India.
Marco Rubio’s parents were born in communist Cuba.
Proposed Amendment to the U.S. Constitution: Congress will make no law impeding or in any way interfering with Brother Johns’s complete, any and all, total right to decide questions of eligibility to be President (and Vice President) of the United States of America. Brother John’s decisions are final and cannot be reviewed by any Court.
I was very clear about what said and what I meant, you lying cocksucker.
https://pjmedia.com/vodkapundit/2024/07/23/when-the-death-of-stalin-comes-to-life-n4930969
What are the Democrats going to do about the 40-50 million invaders who have pledged their illegal votes to Joe Biden? If the Dems think they will just switch their vote for Kamala; they are mistaken. Unlike American men; who have been reduced to sniveling little cowards; these migrant males are REAL men with all that comes with Machismo. They will NOT be voting for a lowly woman; to rule over them. And with their new found entitlement in America; are sure to be very vocal about it in the public sphere.
What makes you think Democrats ever had any intention of letting foreigners vote? ALl teh democrats need are voter registrations. Actual voters not required. Democrats have plenty of paid staff and volunteers to fill in all the ballots. Just like they did for all those mail in ballots.
Democrats no longer need voters. One questions how long it has been since they legitimately won ANY election.
The citizenship argument should have been broached in 2020. Since she has been VP for 3.5 years and could potentially be president later today, the eligibility argument is presumed to be answered.
It does raise the question, who is the gatekeeper on that issue? Is it the responsibility of the political parties to certify the eligibility of their candidates? State election officials? or only an issue if challenged by opposition in court? Seems like there ought to be a more solid authentication trail. I know in all my dealings with the government, they demand that I present evidence and a document trail to follow. Is it really so easy to sign up to be president that no one checks the basics until you are already in the door? (paratrooper reference meaning in position to jump, but still inside the airplane)
If Pedo Joe has to “tragically die” in order to be replaced on ballots then you can bet he’s going to “tragically die”.
If the Democrats really cared about the first black female president schtick they would have simply 25th amendmented biden and presto Camilla would be present in instantly. Why wait and possibly lose the election?
OTOH if they’re trying to make a mess out of the United States and the United States government they should do what they’re doing. We now have an oligarchy run by people not elected that we don’t know and the future election it’s gonna be among people some of whom have not been elected to run by their own party. That itself is illegal.
Aren’t you folks curious as to why all the Democrats even people like Elwood aren’t interested in making sure the election is fair? I mean after all it’s theirs to loose.
And why is it a week after the attempted assassination we still can’t get straight answers under oath from the head of the security departments involved? Is every single thing they do in Washington corrupted? Can they never ever again answer a yes or no question? These people are so far gone they deserve to be taken out and shot. It’s the only way to cure up the Republic and get rid of the ill that’s killing us.
Says a self-described “patriot” about his fellow Americans: These people are so far gone they deserve to be taken out and shot. It’s the only way to cure up the Republic and get rid of the ill that’s killing us.
An Ohio state rep, while introducing Vance and Trump, said if the other side wins we must have a civil war to save America. How nice. He did later apologize.
I realize how left out you feel, but if and when real shooting starts, I guarantee it’ll be initiated by Democrats, throwing another shit-fit, just like they did in 1860. So don’t worry about any ol’ GOP congressman getting there first.
Such a silly lad… If Trump wins the American left will oppose him at every turn but non-violently. He will likely also have the House and Senate and already has the Supreme Court in his hip pocket. Their plan is to fire some 10,000 civil servants and replace them with loyal MAGAts.
If Trump loses he will once again deny reality and encourage his far-right supporters to riot. He now has nothing more to lose!
Armed MAGAts would be fighting against the US National Guard. Is that what you want?
Like 1861? Like 2020? Like 1965? Like 1968? Like the current VP who was bailing out rioters? Bullshit. You’re either delusional or lying …….again.
10,000 would be a good start. No need to replace most of them. If they are unwilling meanwhile to follow the directives of the administration — subject to legislative and constitutional limits, custom, and law — they should be sacked. You don’t get to make policy if you weren’t elected.
10,000. A nice round number. Coincidentally, about the same number of Democrats currently in those positions who are now in the process of displacing long term civil service people to “burrow in” and undermine the government from within. Just like they did in 2016.
Thank you Brother John. Adolf elwood’s delusions notwithstanding conservatives have never rioted the streets like leftists though at least not to my knowledge or recollection. I’m sure that Adolf will find some obscure occasion where somebody who claimed to be conservative had a riot. But riots in this country are generally done by Democrat leftists. They even overthrew the government created their own and had a civil war just so that they could own slaves. Remember no republican ever owned the slave only democrats. In fact it was the entire reason of being that created the Republican Party anti slavery. Democrats have constantly been at war with the government of the United states until they get their way all the time all throughout our history. They are fascist by nature and communist by economic alliance. And these days they have determined themselves to be godless thieves and liars. Their only concern is power.
We’ve been living through one drawn out insurrection and it was on the part of the Democrats. They began this nonsense under Obama when he stated they wanted to fundamentally change the United states and it has continued ever since. The fact that he sees it done everyday in small ways and he can’t recognize it for what it is shows how brainwashed he is.
Notice how the entire Democrat operation closed ranks around ***** *** after Biden left the race? They’re preparing to steal another election. And brother John is correct they don’t need people that steal the election they do it with ballots. The people are incidental. In fact too many people get in the Democrats way!
I also think it’s cute how he gets indignant with me when I say the trader should be executed I guess it’s mine slings back to how we would have loved to have executed everybody on January 6th but didn’t have the balls. See to a guy like Adolf Elwood going to Washington to demand your rights to a free and honest election is an insurrection but burning down cities is a peaceful protest. Everything’s legal when they do it. Nothing’s legal when we do it. Not even the man and ordered of and obviously tampered with election. Adopt Elwood is a liar and so is his entire political party a party of liars and thieves they proved it night teen 61 and they’ll prove it again if given a chance how many more Americans have to die?
Damn MAGAts!! These people are so far gone they deserve to be taken out and shot. It’s the only way to cure the Republic and get rid of the ill that’s killing us.