With Biden now officially withdrawing and endorsing Vice President Kamala Harris, questions have arisen about the timing and legality of replacing him on the ballot, especially in Wisconsin.
Multiple social media posts claimed that the deadline to replace Biden on the ballot had already passed in Wisconsin, according to the Milwaukee Journal Sentinal. For instance, a now-deleted post on X, formerly known as Twitter, stated, “Deadlines have passed in Nevada and Wisconsin, and Republicans are willing to fight to keep any replacement nominee/ticket off.”
However, according to the Wisconsin Elections Commission, this claim is false. The deadline for political parties to certify their presidential and vice-presidential candidates to the Wisconsin Elections Commission is September 3, 2024, at 5:00 p.m. This date allows ample time for the Democratic National Convention, which will be held from August 19-22, to conclude and for the party to certify their nominees.
The misinformation likely stemmed from confusion over ballot access deadlines. A memo from the Wisconsin Elections Commission clarifies that candidates’ names are placed on the general election ballot when certified by the state or national chairperson by the September 3 deadline. Additionally, absentee ballots must be sent to voters with requests on file by September 19, ensuring the final ballot reflects the certified candidates.
Claims that Biden can only be replaced if he dies after being placed on the ballot are also misleading. Wisconsin law specifies that if a candidate dies after nomination, the party’s chairperson can fill the vacancy. However, this situation applies only after the ballot has been set.
The Democratic Party still has until September 3 to certify their candidates, ensuring a transition can take place following Biden’s withdrawal and Harris’s likely nomination.
