Fact Check: Biden CAN Be Replaced On Ballots As 2024 DNC Nominee; Delegate Roll Call Decides, Weeks After He Withdrew
When he dropped out of the race on July 21, 2024, was it too late for Joe Biden’s name to be removed from general election presidential ballots across the country? No, that’s not true: Biden was not yet on the ballot for this election cycle, as his primary election wins only made him the presumptive nominee. The party’s official candidate will be selected during the Democratic National Convention, which begins August 19, 2024, in Chicago, or in a virtual roll call held before the convention, just as the Republican convention roll call made Donald Trump his party’s official nominee.
The claim appeared in a post (archived here) published on Instagram on July 21, 2024, under the title “lol the Dems are f*ed.” The full text of the post said:
STATES WHERE BIDEN’S NAME CAN’T BE REMOVED AND NO ONE CAN BE ADDED THAT’S OVER 130 ELECTORAL COLLEGE VOTES IN THE TOILET
Grok * xAI @grok
The ballot deadline has passed for several states for the 2024 election. Some of these states include:
- Alabama
- Indiana
- Michigan
- Minnesota
- New Mexico
- Ohio
- Pennsylvania
- Texas
- Washington
This is what the post looked like on Instagram at the time of writing:
(Source: Instagram screenshot taken on Mon Jul 22 14:50:08 2024 UTC)
The post provided no evidence of its claim that Biden’s name can’t be removed from the general election presidential ballots and that no one can be substituted, after he ended his White House bid.
Election experts
James Gardner, a constitutional law professor at the University at Buffalo in New York, told Lead Stories in a July 22, 2024, email that there’s no truth to the social media claim. He said:
The number of states in which the eventual presidential nominee of the Democratic Party can lawfully be excluded from the ballot is zero.
In a July 21, 2024, post on X, formerly Twitter, David Becker, executive director of the nonpartisan Election Official Legal Defense Network, called the claim that Democrats “can’t ‘substitute’ for Biden” in those nine states “100% false.” He continued:
Biden is not ON the ballot in any state. Dems don’t have a nominee yet. Once they do, after delegates vote, that person will be on the ballot in every state.
This is what the post looked like on X at the time of writing:
(Source: X screenshot taken on Mon Jul 22 14:50:08 2024 UTC)
The nine states
Lead Stories contacted the nine states mentioned in the social media post to get their responses to the claim.
1. Alabama
In a July 22, 2024, email, Laney Rawls, director of communications for the Alabama secretary of state’s office, said:
Major parties have until August 23, 2024, to certify to the Secretary of State’s office their Presidential and Vice-Presidential candidates in accordance with Alabama Code Section 17-14-31. The Secretary of State’s office will certify lawfully submitted party certifications on August 28, 2024.
2. Indiana
In a July 22, 2024, statement received via email, the Office of Indiana Secretary of State Diego Morales said:
For the General Election (November), September 10, 2024, at noon Indianapolis time, is the deadline for the Indiana State Party Chair of the Democratic Party to certify the names of the party’s candidates for president and vice-president of the United States. (IC 3-10-4-5)
This deadline also applies to all major political parties.
IC 3-10-4-6 applies when an individual ceases to be the nominee of a party for one of these offices: see below.
IC 3-10-4-6 Cessation of candidacy
Sec. 6. (a) If a nominee for President or Vice President of the United States ceases to be a candidate before the nominee’s ticket is officially certified, then that fact and the name and the state of residence of the nominee’s successor, if any, shall be certified in the same manner as the original nominee and the successor’s name shall be printed upon all ballots.
(b) If a nominee for President or Vice President of the United States ceases to be a candidate after the nominee’s ticket has been officially certified, then that fact and the name and state of residence of the nominee’s successor, if any, shall be certified in the same manner as the original nominee. However, the ballots must reflect the original nominee’s name, and any vote cast in the election for the original nominee shall be considered a vote for the successor.
3. Michigan
In a July 22, 2024, statement, received via email, Michigan Secretary of State Jocelyn Benson and Attorney General Dana Nessel, said:
Presidential candidates are certified to appear on Michigan’s general election ballot as a result of the outcome of their respective party’s nominating conventions. Under Michigan Election Law, the name of a party’s presidential and vice presidential nominees must be delivered to the Department of State from the political parties within one business day of the conclusion of the party’s convention. Beyond these requirements, the rules and regulations for nominating presidential candidates are governed entirely by the state and national parties.
The Democratic National Convention is scheduled to end on August 22, 2024.
4. Minnesota
In a July 22, 2024, email, Peter Bartz-Gallagher, communications director for the Minnesota Secretary of State’s office, said:
The deadline for major parties to submit their candidates for President for Minnesota ballots is August 26. So no, there is no issue with the deadline for ballot access. Both major parties will have concluded their conventions by that date and be able to submit their nominees as normal.
5. New Mexico
In a July 22, 2024, statement received via email, New Mexico Secretary of State Maggie Toulouse Oliver said:
With President Biden’s decision to withdraw from the presidential race there has already been misinformation circulating about the nomination process here in New Mexico. Let me set the record straight: The ballot deadline has not passed in New Mexico. New Mexico follows major party rules for the selection of presidential candidates and, as long as they meet the ballot deadline of August 27, 2024, whoever is nominated for president at the upcoming Democratic Convention will appear on New Mexico’s General Election ballot. I encourage voters to always seek out trusted sources of election information, like their county clerk or the Secretary of State’s office, and to verify information about voting and elections before repeating or reposting it.
6. Ohio
In a July 22, 2024, email, Ben Kindel, press secretary for the Ohio Secretary of State’s office, said:
The Ohio legislature passed HB2 in a special session to move the deadline to Sept 1. It was previously August 7.
7. Pennsylvania
In a July 22, 2024, email Matt Heckel, press secretary for the Pennsylvania Department of State, said:
These social media claims are false.
Under the Pennsylvania Election Code, the presidential and vice presidential nominees selected at the Democratic National Convention will appear on the general election ballot as the Democratic candidates for president and vice president.
Because the 2024 Democratic National Convention has not yet taken place, no nominees had been selected for the November ballot.
8. Texas
In a July 22, 2024, email, Alicia Phillips Pierce, assistant secretary of state for communications, said:
Section 192 Subchapter C of Texas Election Code outlines what happens when a party nominee presidential candidate withdraws. If the withdrawal happens before the 74th day before the elections, there is an opportunity for the party to replace the nominee. For the November 5 Election, the 74th day is August 23.
9. Washington
In a July 22, 2024, email, Derrick Nunnally, deputy director of external affairs for the Washington Secretary of State’s office, said:
Washington has not yet reached the nomination deadline of August 20 found in state law RCW 29A.56.360.
Read more
Additional Lead Stories fact checks on claims involving the 2024 election can be found here.
