GOP threatened to sue over November ballot if Biden dropped out. Experts call that 'ridiculous'

Even before President Joe Biden’s long-speculated withdrawal from the 2024 presidential race, allies of former President Donald Trump floated the possibility of suing to block Democrats from having anyone other than Biden on the ballot in November. 

But election administration and legal experts said the timing of Biden’s exit on Sunday makes it unlikely that any Republican ballot access challenges will succeed, with some calling the idea “ridiculous” and “frivolous.” Democrats are on safe legal ground as they identify a new standard-bearer, they say, because the party hasn’t officially chosen its nominee. That typically occurs with a vote of delegates at the party’s convention. 

“It’s ridiculous for people to talk about ‘replacing Biden.’ He hasn’t been nominated yet,” said Richard Winger, a leading expert on state ballot access laws and the longtime editor of the “Ballot Access News” newsletter.