In a significant move, the Democratic National Committee (DNC) is set to proceed with a virtual roll call for the presidential nomination. This novel approach comes as Vice President Kamala Harris emerges as the frontrunner following President Joe Biden’s decision not to seek re-election.
The convention rules committee will meet Wednesday to set the date and rules for the vote and approve how the process will work, but a draft of the plan was obtained by The Associated Press on Monday night. It does not list a date for when virtual voting would begin, but likely not before August 1. Democratic National Committee Chair Jaime Harrison said the process will be completed by Aug. 7 — or 12 days before the party’s convention begins.
“We are living through an unprecedented moment in history and, as a party, we are tackling it with the seriousness that it deserves,” Harrison said on a conference call with reporters. “We are prepared to undertake a transparent, swift and orderly process to move forward as a united Democratic Party with a nominee who represents our values.”
The letter is an implicit attempt to quell any turbulence caused by the sudden announcement by President Biden that he was dropping out of the race and his endorsement of Vice President Kamala Harris.
Despite Harris’ strong position as the front runner to replace Biden, she cannot formally do so until nominated by the party’s convention delegates. The rules of the virtual roll call her party is planning require that she, and any other potential Democrat willing to challenge her, submit 300 electronic signatures from convention delegates, not more than 50 of whom can be from the same state.
The vice president, and any other candidate qualifying, would then have a few days to lobby delegates for their support before a virtual vote is held. Multiple rounds could be required, but the process would still be completed no later than Aug. 7.
Democrats first announced in May that they’d hold a virtual roll call. This has not changed with Biden’s withdrawal from the race, but it does complicate the process. According to reports on Tuesday, Harris has already picked up enough delegates to ensure a nomination on the first ballot.
In the meantime, the GOP has been threatening to bring legal challenges to the process, claiming that it’s illegal to replace Biden with Harris as the nominee.
However, election administration and legal experts said that it is unlikely that any Republican ballot access challenges will succeed, with some calling the idea “ridiculous” and “frivolous.” Democrats are on safe legal ground as the party had not officially chosen its nominee when Biden dropped out.
“It’s ridiculous for people to talk about ‘replacing Biden.’ He hasn’t been nominated yet,” said Richard Winger, a leading expert on state ballot access laws and the longtime editor of the “Ballot Access News” newsletter.
Trey Grayson, Kentucky’s former two-term Republican Secretary of State, agreed that there are no grounds to challenge the Democratic Party from Harris over Biden.
“It’s a pretty frivolous claim,” said Grayson, who also served as president of the National Association of Secretaries of State and chair of the Republican Secretaries of State Association. “The filing deadlines haven’t passed yet, and the Democrats haven’t nominated anybody yet.”