Heritage Foundation working on election legal challenges in case Biden pulled from DNC nomination

A major conservative activist group is preparing for legal battles in case the Democratic Party chooses to pull President Biden out of the running before or after he becomes the nominee.

The Heritage Foundation, one of the United States' most prominent and well-connected conservative activist groups, is laying the groundwork in case a sudden switch-up in the Democratic roster sparks a legal war.

"We are monitoring the calls from across the country for President Biden to step aside, either now or before the election, and have concluded that the process for substitution and withdrawal is very complicated," Executive Director of The Heritage Foundation’s Oversight Project Mike Howell said in a statement. "We will remain vigilant that appropriate election integrity procedures are followed."

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Heritage has already identified multiple states in which a switch away from Biden before or after the nomination could mean serious trouble for the Democratic Party.

In a separate statement, the Oversight Project warned, "If the Biden family decides that President Biden will not run for re-election, the mechanisms for replacing him on ballots vary by state. There is the potential for pre-election litigation in some states that would make the process difficult and perhaps unsuccessful. 

"Given the expected intensity of election integrity concerns in this election cycle, policymakers and the public should be educated and aware of the contentious path ahead," it added.

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Heritage points out that many states — including swing states such as Georgia, Nevada and Wisconsin — might not allow a replacement on the ballot

Wisconsin does not allow a candidate's name to be withdrawn from the ballot except due to death. 

Nevada allows changes to its ballot up until 5:00pm on the fourth Friday of June in the election year. It also allows special consideration for if nominees die or are determined to be mentally unable to proceed. 

Georgia would allow Biden to withdraw up to 60 days before the election. If Biden withdraws afterward, his name would remain on the ballot but votes for him would be discarded.

Other states have restrictions on timing and the reason for withdrawal from ballots, while others have no procedures on the books, making the prospect of switching Biden out a minefield.

Bill Maher gets blunt with fellow Democrats on Biden: ‘He is going to lose, it’s so apparent’

"Real Time" host Bill Maher had some tough words for Democrats who are circling the wagons around President Biden following his disastrous debate performance. 

"I have said before, I will vote for his head in a jar of blue liquid. After last night, time to get the jar," Maher quipped during the panel discussion Friday night. 

After reiterating his months-long call to replace Biden on the Democratic ticket, he stressed it is now "absolutely apparent" and that it is the "only way" for Democrats to win the election. 

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"The flash poll after, Trump, they said, won 67 to 33," Maher said. "33, that number rings in my mind. Because you know what that number is? That's the number you always see very close- 33, 34, 32 of the people who are just always with their party. I mean, this is Mrs. Goebbels in the bunker number… You see it on the right. They used to call them birthers, Tea Party, whatever MAGA nation, they never move. And now I feel like that's a third of the Democrats who are, like, they're gonna stick with this guy and they are going to regret it."

"He is going to lose. I said it nine months ago. I'm gonna say it again tonight. And now, it seems like it's so apparent," Maher continued.

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The liberal comedian then played the infamous clip from the debate where Biden said that his administration "finally beat Medicare." 

"It reminded me of when Mike Tyson used to knock guys out in 90 seconds. Like that was like two minutes into the debate and I went like ‘Oh, this election is over.’ That was like a haymaker," Maher said. 

"I feel like the whole rationale for Biden running has always been 'I'm the only guy who can beat him.' Now I think it's inverted. I think he's the only guy who could lose to him," he continued. "I keep hearing all day from these Democrats defending this. Like, 'we can't abandon Joe Biden.' What about me? I feel abandoned. I feel abandoned. I have nobody to vote for." 

Top Democrats including former President Obama have expressed support for Biden following his questionable performance at Thursday's CNN Presidential Debate.

"Bad debate nights happen. Trust me, I know," Obama said in a statement Friday. "But this election is still a choice between someone who has fought for ordinary folks his entire life and someone who only cares about himself. Between someone who tells the truth; who knows right from wrong and will give it to the American people straight — and someone who lies through his teeth for his own benefit. Last night didn’t change that, and it’s why so much is at stake in November."

Meanwhile, calls for Biden to withdraw from the presidential race have dramatically grown in the liberal media, most starkly from The New York Times editorial board. 

"Mr. Biden has been an admirable president. Under his leadership, the nation has prospered and begun to address a range of long-term challenges, and the wounds ripped open by Mr. Trump have begun to heal. But the greatest public service Mr. Biden can now perform is to announce that he will not continue to run for re-election," the Times editorial board wrote Friday.

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