Harris looks to lock up Democratic nomination after Biden steps aside

Vice President Kamala Harris moved swiftly to lock up Democratic delegates behind her campaign for the White House after President Joe Biden stepped aside amid concerns from within their own party that he would be unable to defeat Republican Donald Trump.

Biden’s exit Sunday, prompted by Democratic worries over his fitness for office, was a seismic shift to the presidential contest that upended both major political parties’ carefully honed plans for the 2024 race.

Aiming to put weeks of intraparty drama over Biden’s candidacy behind them, prominent Democratic elected officials, party leaders and political organizations quickly lined up behind Harris in the hours after Biden announced he was dropping his reelection campaign.

LIVE UPDATES: Democrats rally behind Kamala Harris; raises $50 million after Biden exits race

Biden’s departure frees up his delegates to vote for whomever they choose. Harris, whom Biden backed after ending his candidacy, is thus far the only declared candidate and was working to quickly secure endorsements from a majority of delegates.

It’s only the first item on a staggering political to-do list for her after Biden’s decision to exit the race, which she learned about on a Sunday morning call with the president. If she’s successful at locking up the nomination, she must also pick a running mate and pivot a massive political operation to boost her candidacy instead of Biden’s with just over 100 days until Election Day.

MORE: Where Illinois' delegation stands on VP Harris as presidential nominee

Speaking to party leaders, Harris expressed gratitude for Biden’s endorsement but insisted she was looking to earn the nomination in her own right, the person said.

In a sign that the Democratic Party was moving to coalesce behind her, Harris quickly won endorsements from the leadership of several influential caucuses and political organizations, including the AAPI Victory Fund, which focuses on Asian American and Pacific Islander voters, The Collective PAC, focused on building Black political power, and the Latino Victory Fund, as well as the chairs of the Congressional Progressive Caucus and the Congressional Hispanic Caucus and the entire Congressional Black Caucus. Harris, if elected, would be the first woman and first person of South Asian descent to be president.

Notably, a handful of men who had already been discussed as potential running mates for Harris — Pennsylvania Gov. Josh Shapiro, North Carolina Gov. Roy Cooper and Arizona Sen. Mark Kelly — also swiftly issued statements endorsing her. Aides to Shapiro and Cooper confirmed that Harris spoke with them Sunday afternoon. In her brief call with Cooper, the North Carolina governor told Harris he was backing her to be the Democratic nominee, according to Cooper spokeswoman Sadie Weiner.

But former President Barack Obama held off on an immediate endorsement, as some in the party have expressed worry that the quick shift to Harris would appear to be a coronation, instead pledging his support behind the eventual party nominee.

What happens next?

Biden’s decision to endorse Harris is not a binding one, as Democratic Party rules don’t allow him to simply select a successor in the role as nominee when delegates gather next month in Chicago for the 2024 Democratic National Convention.

According to NBC News, Democratic Party rules do outline what would happen since Biden stepped aside before he was formally nominated.

"Note that if this unprecedented situation were to happen, it’s possible the party could vote to change any of the rules around candidate replacement. And if it comes to pass after the convention, it’s possible state laws could complicate efforts to replace Biden on specific ballots," NBC News reported.

According to reports, 33 states abide by party rules by default when changing nominees, but that still could pose some legal challenges for the Democrats as they put together a new ticket.

House Speaker Mike Johnson has hinted that legal challenges could be brought in at least some of those states, according to Politico.

Biden dropping out before he was set to be formally nominated in August could also create a free-for-all among Democrats since there is no mechanism for him or anyone else to anoint a chosen successor.

It takes a majority of the roughly 4,000 pledged delegates to win the party’s nomination. Biden’s won 3,900 of them, but he'll need to release them in order for a replacement nominee to be named.

"Number one is President Biden would have to release his delegates. They are bound on the first ballot no matter what, and that’s almost all 4,000 of the delegates are Biden delegates - they are pledged on the first ballot. The only way that works is if the Rules Committee, which the Biden campaign controls, or the president himself, frees those delegates up," Pete Giangreco, a Democratic strategist, told NBC Chicago.

After that, potential nominees will need to begin gathering signatures to be eligible for a vote from their fellow Democrats.

"The next step in the process then is anyone who wants to put their name in, they need signatures from 300 of those delegates, among those 4,000, and then you begin a process. The most likely person to get 300 signatures would be VP Harris," Giangreco.

Under recent reforms, the party’s more than 700 superdelegates — Democratic lawmakers and dignitaries — are allowed to vote only if no one wins a majority of pledged delegates on the first ballot, so their votes could be crucial in a contested convention. 

Since Biden's opponents all won effectively no delegates throughout the Democratic nominating process, there'd be a virtual clean slate heading into the convention, and the decision would likely come down to the convention delegates who were initially pledged to Biden.

Biden still has some influence over his pledged delegates, but ultimately, they can vote as they please so candidates would likely campaign aggressively to win over each individual delegate. Current party rules do not permit Biden to pass them to another candidate.

Once a candidate secures a majority of the delegate votes, they will be the party's nominee.

What about the vice presidential nominee?

The process is the same for the vice-presidential spot on the ticket.

A majority of delegates will have to agree on a candidate.

It’s unclear whether Democrats have already planned out a nominee should Harris end up heading the ticket, but many high-profile officials could be in the mix.

What could happen at DNC in Chicago?

With Biden stepping aside, Democrats technically start with an open convention. But realistically, his endorsement pushes Democrats into murky territory.

The immediate burden is on Harris to solidify support across almost 4,000 delegates from the states, territories and District of Columbia, plus more than 700 so-called superdelegates that include party leaders, certain elected officials and former presidents and vice presidents.

Will anyone challenge Harris?

Even before Biden announced his decision, Democrats floated California Gov. Gavin Newsom and Michigan Gov. Gretchen Whitmer as potential contenders in addition to Harris. Yet some Democrats argued publicly, and many privately, that it would be a no-brainer to elevate the first woman, first Black woman and first person of south Asian descent to hold national office.

Given how important Black voters -– and Black women especially -– were to Biden’s nomination and his choice of Harris as running mate, it would be risky, to say the least, for Democrats to pass her over for a white nominee. Democrats already faced historical headwinds before Biden’s withdrawal. Newsom and Whitmer, both of whom are white, and any other Democrat would also have to weigh the short-term and long-term benefits of challenging Harris now versus preserving goodwill for a future presidential primary.

Yet, fair or not, Harris also has not been viewed as an especially beloved or empowered vice president. The best scenario for her and Democrats is to quickly shore up support and project a united front. Democrats could even go forward with their plans for an early virtual vote – a move they’d planned to make sure Biden was selected ahead of Ohio’s general election ballot deadline.

What happens to Biden’s campaign money?

Biden’s campaign recently reported $91 million cash on hand. Allied Democratic campaign committees brought the total at his disposal to more than $240 million. Campaign finance experts agree generally that Harris could control all those funds since the campaign was set up in her name as well as Biden’s. If Democrats do nominate someone other than Harris, party accounts could still benefit the nominee, but the Biden-Harris account would have more restrictions. For example, legal experts say it could become an independent expenditure political action committee but not simply transfer its balance to a different nominee.

How will a vice presidential nomination work?

The vice presidential nomination is always a separate convention vote. In routine years, the convention ratifies the choice of the nominee. If Harris closes ranks quickly, she could name her choice and have the delegates ratify it. In an extended fight, though, the vice presidency could become part of horse-trading — again, a return to conventions of an earlier era.

Can Republicans keep Harris off state ballots?

Any curveball during a U.S. presidential campaign is certain to produce a flurry of state and federal lawsuits in this hyper-partisan era, and some conservatives have threatened just that.

State laws, though, typically do not prescribe how parties choose their nominees for president. And some GOP figures – Ohio Gov. Mike DeWine and Alabama Gov. Kay Ivey – have worked already this year to ensure their party did not deny Democrats’ routine ballot access.

Who could replace Biden?

Biden - as expected - threw his endorsement behind Harris, writing on social media, "...Democrats — it’s time to come together and beat Trump. Let’s do this."

Among the potential candidates, the former U.S. Senator from California was considered best positioned to replace him, but she'll have some competition.

Harris would have a head start over several of the most discussed Democratic alternatives. She's already been on a winning presidential ticket with Biden, has years of goodwill banked with core party constituencies and would likely control a huge campaign fund amassed by the Biden reelection.

A number of delegates have already suggested they'd be loyal to Harris.

“Harris makes the most sense to carry on the Biden legacy,” said Andrew Feldman, a Democratic strategist who works closely with various state parties.

A recent poll, conducted prior to Biden's announcement, from the AP-NORC Center for Public Affairs Research found that about 6 in 10 Democrats believe Kamala Harris would do a good job in the top slot. About 2 in 10 Democrats don't believe she would, and another 2 in 10 say they don't know enough to say.

Alvin Tillery, director of the Center for the Study of Diversity and Democracy at Northwestern University and a Democratic pollster, previously said Harris is the only candidate with the name recognition required to compete against Trump.

"[Of the] five other successor candidates, only one has the name recognition to win nationally: Kamala Harris," Tillery told NBC Chicago.

Other names that could see a spot on the ticket, either in a presidential or vice presidential role include: Kentucky Gov. Andy Beshear, California Gov. Gavin Newsom, Illinois Gov. J.B. Pritzker, Michigan Gov. Gretchen Whitmer, Arizona Sen. Mark Kelly and Transportation Secretary Pete Buttigieg, to name a few.