According to Wisconsin election law, death is the only way to exclude someone from voting

Should President Joe Biden decide to drop out of the presidential race, Wisconsin state law poses another hurdle to his succession by the Democrats.

Death is the only permissible reason for a candidate to withdraw.

According to the state’s ballot certification procedures, “Any person who files nomination papers and is entitled to appear on the ballot may not withdraw his or her name from the ballot after filing. The name of such person must appear on the ballot except in the case of the person’s death.”

The Heritage Foundation, a conservative think tank, has identified states like Wisconsin where Democrats could face legal problems if they try to replace Biden.

“We are following the nationwide calls for President Biden to resign, either now or before the election, and have concluded that the process for replacing and removing the president is very complicated,” Mike Howell, executive director of the Heritage Foundation Oversight Project, said in a statement.

Even without this provision in Wisconsin’s election law, it would be difficult to remove Biden from the ballot.

Before the party convention, where delegates officially vote on the candidate nomination, the states hold primaries. Biden won in Wisconsin by a large margin.

While it is possible that delegates at the Democratic Convention could nominate a candidate other than Biden, this would violate the rule that delegates should “reflect to the best of their ability the opinions of those who elected them.”

Last week in Madison, Biden said: “I am the nominee of the Democratic Party. I am the nominee of this party because millions of Democrats like you voted for me in the primaries across America. Well, let me say this as clearly as I can: I’m staying in the race.”

US Press Secretary Karine Jean-Pierre confirmed during a press conference on Tuesday that this was still Biden’s plan.