The deadline has not passed in Wisconsin to replace Biden on the ballot. Here’s why.
Speculation — and misinformation — has surrounded what could happen if President Joe Biden decided to exit the presidential race. Now, he has announced he's leaving the race and has endorsed Vice President Kamala Harris.
The speculation included multiple posts on X, the social media platform formerly known as Twitter, that the deadline to replace Biden on the ballot has passed in Wisconsin.
“I’ve been telling you for days. Deadlines have passed in Nevada and Wisconsin and Republicans are absolutely willing to fight to keep any replacement nominee/ticket off,” a now-deleted post read.
The conservative Heritage Foundation indicated they were eyeing legal challenges in states with deadlines they believed posed obstacles to replacing Biden. Wisconsin, Georgia and Nevada were included.
Other posts, including one from July 8, 2024, show social media users believe “Democrats missed the deadline to remove Biden off the ballot in certain states like Wisconsin, Georgia or Nevada.”
At PolitiFact Wisconsin, we’re focusing just on the Wisconsin part of the claim.
Has the deadline in Wisconsin to replace Biden on the top of the ticket passed?
Let’s take a look.
Deadline for Democratic Party to place nominees on Wisconsin’s ballot is September 3
When asked about the deadline in Wisconsin, the Wisconsin Elections Commission directed PolitiFact Wisconsin to the commission’s memo about ballot access requirements for presidential and vice presidential candidates.
In Wisconsin, the parties that have attained ballot access are currently the Democratic, Republican, Libertarian, Green and Constitution parties.
“The names of candidates for President and Vice President for these parties are placed on the General Election ballot when their names are certified by the state or national chairperson to the Wisconsin Election Commission no later than 5:00 p.m. on Tuesday, September 3, 2024,” the WEC memo reads.
Each certified candidate also must file a Declaration of Candidacy with the commission by that same deadline.
So, the key date here is Sept. 3. That’s the deadline for the Democratic party to certify their nominees’ names to the Wisconsin Elections Commission, and when those names will go on the ballot.
And a few weeks later, Sept. 19, is the deadline for local clerks to send absentee ballots to voters with requests on file — ballots that will have the parties’ presidential and vice presidential nominees at the top.
So, it’s not about replacing Biden, because he hasn’t even formally been placed on the November ballot yet in Wisconsin.
Democratic National Convention happens in August, about two weeks before Wisconsin deadline
There’s another date to keep in mind, and that’s the timing of the Democratic National Convention. The DNC runs from Aug. 19 to 22 — wrapping up a little less than two weeks before Wisconsin’s deadline.
As long as Democrats certify their candidates to the Wisconsin Election Commission by Sept. 3, whoever those names are will appear on the ballot.
State law about nominee dying only applies after their name has been placed on ballot
Another claim that had been circulating is that the only way to replace Biden on the ballot in Wisconsin is if he dies.
We’ve already said the deadline is Sept. 3, but there is a provision in state law that lays out what would happen if the nominee dies after being placed on the ballot.
“If a vacancy occurs after nomination due to the death of a candidate of a recognized political party for a partisan office, the vacancy may be filled by the chairperson of the committee of the proper political party,” state law says.
That state law would likely apply to federal races like president or vice president, but could be the subject of litigation or challenges because it hasn’t been used before.
But the law does describe how a party can replace their nominee in the event of the candidate’s death.
Our ruling
Claims have circulated online that President Joe Biden cannot be replaced on Wisconsin’s ballot because the deadline to do so has passed.
“Replace” isn’t even the right word here — the November ballot hasn’t been set yet in Wisconsin. Political parties must certify their candidates with the Wisconsin Elections Commission by Sept. 3. And that date is after the Democratic National Convention will conclude.
There is a state law that says a political party can replace their nominee if the candidate dies, but that’s only after their name has been placed on the ballot.
We rate claims that the Wisconsin deadline has passed False.
Sources
Milwaukee Journal Sentinel, 'I'm staying in the race': A defiant Joe Biden rallies support to his campaign in Madison, July 7, 2024.
Fox News, Heritage Foundation working on election legal challenges in case Biden pulled from DNC nomination, June 29, 2024.
Wisconsin Elections Commission, Ballot Access for Presidential Candidates Memo, 2023.
USA TODAY, When is the Democratic National Convention?, July 8, 2024.
USA TODAY, What happens at an open convention? What to know about the rarely used process, July 5, 2024.
Wisconsin State Statutes, 8.35(2)(a).
This article originally appeared on Milwaukee Journal Sentinel: Can Biden be replaced on Wisconsin ballot by Kamala Harris or others?