• HogsTooth@lemmy.world
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    3 months ago

    Nobody begins to tackle the constitutionality of Biden leaving after some of the primaries have closed. Every primary that has closed will not have had the opportunity to vote for whoever replaces Biden. The right will rip us a new one for installing a candidate without voting for them and for once they’d be right. With democracy on the line we cannot forgo democracy.

      • HogsTooth@lemmy.world
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        3 months ago

        I’ve never heard of this. If Biden does win the primary would this still be an option or is it dependent on him coming up short?

        • xmunk@sh.itjust.works
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          3 months ago

          It’s still an option.

          America doesn’t have legal constructs around political parties so whatever the fuck the democrats do won’t go against US law - its all just “tradition”.

        • Zaktor@sopuli.xyz
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          3 months ago

          Democratic delegate voting rules require the delegates to “in good conscience” vote for who they were sent there to vote for unless they’re released by that candidate. Realistically, an open convention will only happen if Biden releases his delegates.

          • Tramort@programming.dev
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            3 months ago

            I disagree. A delegate could vote for someone else in good conscience due to health reasons of the nominee they represent.

            • Zaktor@sopuli.xyz
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              3 months ago

              Maybe? But they also might get sued and/or blacklisted from party politics. There was an interview with various delegates and even those who thought someone else should be the candidate they believed they were obligated to vote for Biden.

    • Telodzrum@lemmy.world
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      3 months ago

      There are no constitutional implications to a party’s nomination process so long as it doesn’t violate the law with regard to discrimination and the like. If Biden withdrew you get a brokered convention. If he withdrew after being nominated, the party’s rules would place his VP nominee at the top of the ticket (although ballots would likely still have his name due to state laws and logistics).