Below is an edited transcript of Ben Shapiro’s latest episode of “Facts: What Happens If Biden Resigns?”
Now that Joe Biden has resigned from the Democratic nomination, there are questions floating around about his ability to finish out his current presidential term.
As Shapiro comments, “First, there is no real mechanism to have forced Joe Biden off the ticket if he didn’t want to go. The so-called fateful delegate rule was put in place by the Democratic National Committee in 1980 to prevent delegates pledged to then-President Jimmy Carter from defecting to Senator Ted Kennedy. Current Democratic National Committee language says, ‘Delegates elected to the national convention pledged to a presidential candidate shall in all good conscience reflect the sentiments of those who elected them.’ Theoretically, that could be interpreted to allow delegates to abandon Biden, but now, that is not necessary.”
With Biden having already dropped out before the DNC, his pledged delegates can support a different candidate. While he can tell his delegates to go with Kamala Harris, they are not obligated to follow his beliefs.
“The DNC rules allow for a conscience clause where delegates can vote their conscience if a nominee steps down. Since the delegates are free, intense lobbying and campaigning will follow. It has established rules for such scenarios. With Biden stepping down as presumptive nominee after securing the nomination but before the election, the DNC will convene and select a new nominee,” Shapiro elaborates.
Whoever the new Democratic nominee is will have plenty of obstacles to overcome: starting a campaign, raising money, and assembling an agenda right now seeing as there are only a few months until the election.
In this case, Harris has an advantage compared to others because she can use the infrastructure built by the Biden-Harris campaign.
Biden dropping out of the nomination and presidency has always been a less common situation, but it’s the one America is faced with right now.
However, per the Presidential Succession Act and 25th Amendment, if Biden leaves office voluntarily and resigns, Harris will automatically be sworn in as president. Following her swearing in, she could run for reelection this year.