SIGforum.com    Main Page  Hop To Forum Categories  The Lounge    Question on Presidential Succession and the 25th Amendment
Go
New
Find
Notify
Tools
Reply
  
Question on Presidential Succession and the 25th Amendment Login/Join 
Member
Picture of smlsig
posted
So I’m trying to figure out some of the possible scenarios moving forward pertaining to Biden either stepping down willfully or being removed according to terms of the 25th Amendment. For reference here is the 25th Amendment…

https://www.govinfo.gov/conten...CONAN-1992-10-26.pdf

So if Biden steps down willfully or is removed before the election then the VP would assume the presidency. That’s pretty straightforward. My question is how or if the newly appointed President could be placed on the states ballots since he/she has not been nominated by the states..

How could this play out?

The only way I could see the dems having a chance in hell of pulling this off is to let Biden run for re-election and if by some miracle he were to win (NFW) then he could resign and Harris take over. Is there any other way for this to play out?


------------------
Eddie

Our Founding Fathers were men who understood that the right thing is not necessarily the written thing. -kkina
 
Posts: 6269 | Location: In transit | Registered: February 19, 2013Reply With QuoteReport This Post
Oriental Redneck
Picture of 12131
posted Hide Post
I don't understand the question. Harris automatically becomes President, after they remove Biden by invoking the 25th. What is there to be played out or nominated?


Q






 
Posts: 26003 | Location: TEXAS | Registered: September 04, 2008Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
posted Hide Post
The Dems would have to throw open the convention to delegate voting if Biden were to die, be removed, or resign before the convention.

It is the parties' internal rules that govern how that would work. The states administer the primaries, but the primaries don't result in "state-elected" nominees.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53100 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
Lawyers, Guns
and Money
Picture of chellim1
posted Hide Post
quote:
My question is how or if the newly appointed President could be placed on the states ballots since he/she has not been nominated by the states..


The 2024 Democratic presidential nominee will be selected by delegates to the 2024 Democratic National Convention. The national nominating convention is the formal ceremony during which the party officially selects its nominee. The delegates are individuals chosen to represent their state, territory, or Democrats Abroad at the convention.

In 2024, there are an estimated 4,672 delegates: 3,933 pledged delegates and 739 automatic delegates—more commonly known as superdelegates.[1][2]

To win the Democratic nomination, a presidential candidate needs to receive support from a majority of the pledged delegates on the first ballot: an estimated 1,968 pledged delegates.[3][1][2]

If the convention is contested and goes to a second ballot or more, automatic delegates—commonly referred to as superdelegates—are able to vote and a candidate must receive majority support from all delegates—2,258 votes.

https://ballotpedia.org/Democr...delegate_rules,_2024

jhe888, above beat me to it...
But the rules specify when a delegate becomes "unbound".



"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible."
-- Justice Janice Rogers Brown

"The United States government is the largest criminal enterprise on earth."
-rduckwor
 
Posts: 23812 | Location: St. Louis, MO | Registered: April 03, 2009Reply With QuoteReport This Post
Member
Picture of Rick Lee
posted Hide Post
Timing would be everything. Some states have laws that no changes can be made to a ballot within two weeks of election day. Remember when Mel Carnahan died and they couldn't put his wife's name on the ballot? But Ashcroft didn't push it.
 
Posts: 3464 | Location: Cave Creek, AZ | Registered: October 24, 2005Reply With QuoteReport This Post
Thank you
Very little
Picture of HRK
posted Hide Post
quote:
Originally posted by 12131:
I don't understand the question. Harris automatically becomes President, after they remove Biden by invoking the 25th. What is there to be played out or nominated?


He's asking about how the primary and delegate process is handled regarding the removal of the existing candidate from the race, for whatever reason, what do they do with the delegates in the states where the removed party won the primary/caucus.

Other question is, what do they do with the ballots that have already been prepared with the removed candidates name on it, and the new candidate not able to be put on the ballot in time for the primary. E-Voting machines it's probably a simple change in the code, paper ballots are an issue though.



 
Posts: 23109 | Location: Florida | Registered: November 07, 2008Reply With QuoteReport This Post
Member
Picture of smlsig
posted Hide Post
jhe888 and chelim1 thank you for enlightening me. I’m glad we have a couple of barristers here!

What ever the outcome in the next few months this is going to be one hell of a ride. I wonder if it will turn out like the ‘68 Democratic Convention!


------------------
Eddie

Our Founding Fathers were men who understood that the right thing is not necessarily the written thing. -kkina
 
Posts: 6269 | Location: In transit | Registered: February 19, 2013Reply With QuoteReport This Post
No More
Mr. Nice Guy
posted Hide Post
If Brandon leaves office before the convention, he can refuse to accept the nomination if he were to win the first round of votes. That would then open the convention to additional rounds of voting where the delegates could vote for whomever they wish.

Also, I think it possible to interpret the official delegate rule to allow voting for other than Brandon in the first round, if he were to resign from the Presidency before then. The rule does not mandate the delegates vote for the winner of their primary, just that they should. If Brandon is no longer in the running, the delegates could vote as they think their state would like.

"Delegates elected to the national convention pledged to a presidential candidate shall in all good conscience reflect the sentiments of those who elected them"
 
Posts: 9356 | Location: On the mountain off the grid | Registered: February 25, 2002Reply With QuoteReport This Post
Member
Picture of Green Highlander
posted Hide Post
For historical context, LBJ dropped out of his re-election campaign on March 31st.


"You know, Scotland has its own martial arts. Yeah, it's called Fuck You. It's mostly just head butting and then kicking people when they're on the ground." - Charlie MacKenzie (Mike Myers in "So I Married an Axe Murderer")
 
Posts: 2368 | Location: Seacoast, NH | Registered: July 20, 2010Reply With QuoteReport This Post
  Powered by Social Strata  
 

SIGforum.com    Main Page  Hop To Forum Categories  The Lounge    Question on Presidential Succession and the 25th Amendment

© SIGforum 2024