Kamala Harris may be advancing toward securing the Democratic presidential nomination following Joe Biden's endorsement after he exited the race. However, uncertainties linger regarding how she will gather the necessary delegates to clinch the nomination.
There are no established rules that dictate how delegates are reassigned from one candidate to another before the Democratic National Convention, which commences on August 19. The rules committee of the Democratic National Convention plans to hold a meeting to discuss creating a framework for selecting a presidential nominee. This meeting will be streamed live on the DNC's YouTube channel starting at 2 PM ET on Wednesday, according to various reports.
Although Harris is likely the frontrunner for the Democratic nomination according to party officials and strategists, her nomination is not assured. Biden's decision not to resign from the presidency—which would have likely secured her spot as the nominee—complicates matters. “We're in uncharted territory here, and a lot of this hasn't been tested in the modern era of presidential nominations,” said Josh Putnam, a political consultant who specializes in delegate selection rules and presidential campaigns, in an interview with Axios.
According to Democratic National Committee rules, pledged delegates must initially vote for the candidate to whom they are assigned. With Biden out of the race, delegates are now free to support any candidate they choose. One possible outcome is a pre-convention virtual vote to consolidate support around one candidate. If this effort fails, an open convention could ensue. “There are informal ways of nudging delegates in a particular direction,” noted Putnam, citing Biden's endorsement of Harris as an example.
Some have referenced a DNC “good conscience” rule that allows delegates some flexibility in their voting. Rule 13(J) 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.” Putnam explained, “If the president endorses the vice president, it may influence those pledged delegates, but it wouldn't be a direct transfer.”
A new candidate would need the backing of at least 300 delegates, with no more than 50 delegates from any single state, to proceed. Timing will be crucial.
Had Biden resigned from office along with dropping out of the race, Harris would have assumed the presidency and entered the race as an incumbent. “That would be a strong way to transfer delegate support to the vice president,” Putnam observed before Biden withdrew. “It would signify not only an endorsement but also a trust in her leadership.”
Despite increasing backlash from Democrats concerned about officially nominating Biden weeks before the convention, top DNC officials were pushing to solidify his nomination virtually by August 7, as reported by Axios' Hans Nichols and Alex Thompson. Delegates were worried that the virtual voting process was designed to ensure Biden's nomination and suppress internal dissent calling for him to step aside. There was also skepticism regarding the DNC's stated reason for the virtual roll call, citing an August 7 deadline to get on the ballot in Ohio, particularly after Ohio changed its law.
