Top Conservative Think Tank Vows to Make it ‘Extraordinarily Difficult’ for Dems to Replace Biden By Filing Swing State Lawsuits

AP Photo/Jacquelyn Martin

Heritage Foundation has vowed to do everything possible to keep Democrats from replacing President Joe Biden as the party’s presidential nominee.

Approximately four months ago, the conservative organization began researching laws in states for replacing nominee in key swing states, according to a report from NOTUS. Staffers for Heritage’s Oversight Project compiled the report back in April and released it ahead of the debate.

“If the Biden family decides that President Biden will not run for re-election, the mechanisms for replacing him on ballots vary by state,” reads the memo. “There is the potential for pre-election litigation in some states that would make the process difficult and perhaps unsuccessful.”

The organization’s Oversight Project Executive Director Mike Howell said, in a statement to NOTUS, they would make the process for replacing Biden “extraordinarily difficult.”

“We’ve zeroed in on a few states that we think are the best case,” Howell told the news outlet without naming the specific states. The memo, however, identifies Nevada, Washington, and Georgia as the most likely states to use litigation to stop a new Democratic nominee from replacing Biden on the ballot.

“It all depends on when and how they do it,” Howell added. “And then what state that we’re looking at now that matches up to be the right one, going in there and working with the right people.”

“The problem that any potential replacement for Joe Biden would likely run into is that in many states, including in several key states, the deadline for getting on the ballot has already passed,” said Zack Smith, a senior legal fellow at Heritage, in a statement to NOTUS. “Or in many states, the process for replacing a candidate currently on the ballot just isn’t clearly defined because it happens so rarely.”