Electoral College Could Aid Democrats if Biden Withdraws

As concerns grow about President Joe Biden’s mental acuity, the Electoral College could offer Democrats a safety net should Biden withdraw from the race after printing the ballots.

The Electoral College has become misunderstood as it is not part of the curriculum in most state-run schools. On Election Day, U.S. voters cast ballots for electors, not the presidential candidates themselves.

These electors then vote for a presidential candidate based on the popular vote results in their state or district. The system explains why election night maps show races based on 270 electoral votes, not the popular vote tally.

If Biden withdraws after securing the Democratic nomination, the electors could vote for another Democratic candidate. The scenario would be unprecedented but legally feasible.

For example, Louisiana’s Deputy Secretary of State for Communications, Joel Watson Jr., noted, “The nominees for president and vice president are not the candidates elected on November fifth; the people running for presidential elector are.”

Election experts warn that Biden’s late withdrawal could lead to a flurry of lawsuits, placing the final decision in the hands of the courts. Emory Law professor Alicia Hughes described the scenario as a “complicated mess with an unpredictable outcome,” likely to be expedited by the Supreme Court due to the fixed dates for certification and inauguration set by the 20th and 25th Amendments.

There have been calls to overhaul or eliminate the Electoral College, especially after George W. Bush and Trump won the presidency without winning the popular vote. Despite the controversy, the Electoral College system persists, with 538 possible votes cast by loyal party electors.

“Faithless electors,” those who do not vote for the candidate they pledged to support, are rare but possible. The Supreme Court has upheld penalties for such actions in some states, but fines are typically minimal, and convictions only result in misdemeanors.

The U.S. Election Assistance Commission notes that faithless electors have never decided an election outcome, though their potential for disruption remains a concern. Constitutional scholars generally believe electors can vote for any candidate once appointed.

Switching candidates close to the election could create confusion among voters and electors. Heritage Oversight Project counsel Max Matheu highlighted the patchwork of state laws and deadlines, suggesting that the process would vary significantly across states.

For example, in Nevada, each major political party must submit their presidential and vice-presidential candidates by the first business day of September, in this case, on Tuesdays, September 3. Then it must distribute ballots to military and overseas voters by Saturday, September 21.