When President Biden dropped out of the 2024 presidential race, he set up the possibility of an open convention to choose his successor as the Democratic nominee.
But time is running out for any candidate not named Kamala Harris — whom Biden endorsed shortly after making the announcement Sunday.
If Democrats want to get a nominee on the ballot in all 50 states, they have to start putting forward names by Aug. 7 — the deadline in Ohio, the earliest in the country.
The Democratic National Convention doesn’t begin until Aug. 19 — 12 days after the Ohio deadline. But, Biden’s decision could still revive a decades-lost practice of delegates choosing their candidate on the convention floor.
Biden finally bowed Sunday to mounting calls from his fellow Democrats to reconsider seeking a second term, following his disastrous debate against rival Donald Trump on June 27. And the incredible optics of Trump’s resiliency after his assassination attempt have only tipped the polls further in the 45th president’s favor.
Here’s what we know about how an open convention could shake out.
How would an open convention be triggered?
The current DNC rule states: “Delegates elected to the national convention pledged to a presidential candidate shall in all good conscience reflect the sentiments of those who elected them.”
Biden, 81, has 3,896 “pledged” delegates won in primaries and caucuses where he faced effectively no opposition — among to more than 90% of the regular delegate pool.
However, with Biden out of the race, the delegates would be free to vote for whoever tossed their hat in the ring.
Biden’s exit allows other Democratic candidates to enter the race and attempt to lobby the delegates before voting day.
At present, the DNC is expected to hold a virtual roll call to choose the nominee between Aug. 1 and Aug. 7. That vote was expected to be Biden’s formal conation as the nominee.
However, that vote could be postponed to give prospective nominees more time for electioneering.
The ‘loop hole’
Biden has endorsed Vice President Kamala Harris to replace him on top of the Democratic ticket, but DNC rules do not have any enforcement mechanism to make Biden’s choice binding.
The president said last week — in the midst of open rebellion against his candidacy — that delegates are “obviously free to do whatever they want,” but predicted an open convention against him was “not going to happen.”
All bets are off now that he’s out of the ract.
DNC delegate Elaine Kamarck co-hosted an information Zoom call Friday with Delegates Are Democracy, explaining the rules for delegates who are confused about the long-dormant possibility of an open convention.
Delegates Are Democracy was founded last week by Democratic activists seeking to inform delegates of their voting options for August.
Kamarck told the delegates on the Zoom call that there are different interpretations of the “in good conscience” rule that leads to a “loop hole” in proceedings, in which delegates could technically vote for any Democratic candidate of their choosing.
Who would the top candidates be?
Any Democrat eligible to become president would be free to run in an open convention scenario.
Until Biden dropped out Sunday, no Democrats had come forward to run against the president. By Sunday night, no Democrats had yet thrown their hat in the ring, either.
Harris, 59, would likely be eligible to receive the fundraising dollars already raised by the Biden-Harris campaign. The vice president also already has name recognition, has served in the White House and was vetted nationally.
A different candidate would have a harder time getting their message across with mere weeks before the convention, slated to begin on Aug. 17.
Other candidates who have been reported as possibilities include California Gov. Gavin Newsom, Michigan Gov. Gretchen Whitmer, Illinois Gov. JB Pritzker, Kentucky Gov. Andy Beshear and former first lady Michelle Obama — though she has repeatedly said she has no interest in politics.
Would the voters decide?
The open convention would not have room for voters to directly participate in selecting Biden’s replacement on the convention floor.
Delegates could look at polls or do voter outreach to gauge public opinion before voting for their candidate of choice.
Who would be the vice presidential nominee?
The DNC has a separate nominating vote for the vice presidential nominee.
The presidential candidates would likely battle for a top position among delegates and present their VP choice for delegates to decide.
The brokered convention scenario
A brokered convention would pit Democratic candidates and their delegates against each other on the convention floor next month.
In that scenario, all delegates would show up to the United Center in Chicago uncommitted.
Out of public view, deals could be brokered by local and state party officials and elected politicians to commit delegates to certain candidates.
A brokered convention could lead to dozens of rounds of voting before a nominee is announced. For example, in 1924, Democratic presidential candidate John Davis was selected as the nominee at the convention in New York’s Madison Square Garden after 103 rounds of voting. Davis lost to Republican President Calvin Coolidge in the general election.
The last “brokered convention” for Democrats occurred in 1952, when the delegates took three ballots to nominate Adlai Stevenson as their nominee. He lost to Dwight D. Eisenhower, the former Supreme Allied Commander during World War II.
In recent decades, conventions have mostly had formal proceedings to vote in the already-chosen candidate.
