House Speaker Mike Johnson suggested Republicans may file lawsuits now that President Joe Biden has dropped his reelection bid. During an appearance on ABC’s This Week on Sunday (July 21), Johnson noted that each state has different election laws.
“Every state has its own system, and in some of these, it’s not possible to simply just switch out a candidate,” Johnson explained.
“I think they would run into some legal impediments in at least a few of these jurisdictions,” he continued. “We’ll see how it plays out.”
He previously suggested there could be legal challenges during the Republican National Convention.
“I think in states where it can be contested, I expect that it will be, and they’ll have an interesting battle on their hands,” the House Speaker told the convention crowd in Milwaukee, Wisconsin, last Thursday.
According to Forbes, the Heritage Foundation released a memo in June highlighting the election laws of several states, including South Carolina and Wisconsin, which don’t allow candidates to be removed from the ballot for reasons other than death.
If the Republicans file lawsuits to keep Biden on the ticket, they are unlikely to succeed, according to several experts.
“As a legal matter, it is up to the convention to nominate a candidate. And all the legal precedent is on courts deferring to the party’s choice for its nominee and then giving the voters the choice,” Ben Ginsberg, a Republican campaign attorney who has served as general counsel for several previous GOP nominees, told CNN.
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