Experts: Delegates Free to Pick Democratic Nominee

Election law experts say House Speaker Mike Johnson is wrong when he says it is “unlawful” for Democrats to “simply just switch out a candidate who has been chosen through the … democratic process.”

Although President Joe Biden was chosen by the vast majority of primary and caucus voters, and amassed more than 99% of the pledged delegates who will meet at the Democratic National Convention in mid-August, he has not been formally nominated. And since he has voluntarily dropped out of the race, delegates pledged to him are no longer obligated to vote for him and can vote for someone else, experts told us.

The Associated Press reported that a survey of delegates found Vice President Kamala Harris is already closing in on the number of delegates she needs to win the nomination.

On July 21, Biden announced via X, “I believe it is in the best interest of my party and the country for me to stand down and to focus solely on fulfilling my duties as President for the remainder of my term.” In a message to Democrats a half hour later, Biden said, “I have decided not to accept the nomination,” and he offered his “full support and endorsement for Kamala to be the nominee of our party this year.”