Heritage Foundation working on election legal challenges in case Biden pulled from DNC nomination

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A major conservative activist group is preparing for legal battles in case the Democratic Party chooses to pull President Biden out of the running before or after he becomes the nominee.

The Heritage Foundation, one of the United States' most prominent and well-connected conservative activist groups, is laying the groundwork in case a sudden switch-up in the Democratic roster sparks a legal war.

"We are monitoring the calls from across the country for President Biden to step aside, either now or before the election, and have concluded that the process for substitution and withdrawal is very complicated," Executive Director of The Heritage Foundation’s Oversight Project Mike Howell said in a statement. "We will remain vigilant that appropriate election integrity procedures are followed."

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President Joe Biden walks off stage during the CNN Presidential Debate at the CNN Studios in Atlanta, Georgia. (Justin Sullivan/Getty Images)

Heritage has already identified multiple states in which a switch away from Biden before or after the nomination could mean serious trouble for the Democratic Party.

In a separate statement, the Oversight Project warned, "If the Biden family decides that President Biden will not run for re-election, the mechanisms for replacing him on ballots vary by state. There is the potential for pre-election litigation in some states that would make the process difficult and perhaps unsuccessful. 

"Given the expected intensity of election integrity concerns in this election cycle, policymakers and the public should be educated and aware of the contentious path ahead," it added.

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Heritage points out that many states — including swing states such as Georgia, Nevada and Wisconsin — might not allow a replacement on the ballot.

Wisconsin does not allow a candidate's name to be withdrawn from the ballot except due to death. Nevada allows changes to its ballot up until 5:00pm on the fourth Friday of June in the election year — it also allows special consideration for if nominees die or are determined to be mentally unable to proceed. 

Georgia would allow Biden to withdraw up to 60 days before the election. If Biden withdraws afterward, his name would remain on the ballot but votes for him would be discarded.

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President of the United States Joe Biden and Former President Donald Trump participate in the first Presidential Debate at CNN Studios in Atlanta, Georgia. (Kyle Mazza/Anadolu via Getty Images)

Other states have restrictions on timing and the reason for withdrawal from ballots, while others have no procedures on the books, making the prospect of switching Biden out an even more perilous legal minefield.

Fox News contributor Jason Chaffetz told ‘Fox & Friends Weekend’ that "This whole idea, this whole notion that maybe they should get a different candidate — that's not how the system works, folks!"

"It depends on the states. Elections are not run by the party, they're not run by the federal government — they're administered by states. Each state has state law," Chaffetz continued. "Once you go through the primary, once you go through the caucus, you have to follow that law."