INSIGHTi
Recent Developments in the Democratic
Presidential Nominating Process
July 25, 2024
On July 21, 2024, President Joseph Biden announced that he would no longer seek the Democratic
presidential nomination. This CRS Insight discusses selected issues that could be of interest to Congress
as the party’s nominating process proceeds toward the Democratic National Convention in August. It is
important to note that the issues discussed herein are developing rapidly. This Insight does not attempt to
cover all issues that might be relevant before the nominating process concludes. The Insight does not
provide legal analysis.
Because former President Donald Trump accepted the Republican nomination on July 18, 2024, the
Insight does not discuss the now-concluded Republican process. Another CRS product discusses
frequently asked questions about the 2024 presidential nominating process for both major parties.
Status of the Nominating Process
At the time of his withdrawal announcement, President Biden was not yet the Democratic nominee for the
party’s 2024 presidential ticket. According to the Associated Press, President Biden had secured 3,896
pledged delegates (discussed below)—well more than the 1,976 required for nomination. However, the
formal nomination does not occur until delegates cast their votes, typically at the national convention.
Hours after President Biden’s announcement, Democratic National Convention Chair Minyon Moore
announced that the party’s quadrennial meeting would proceed as scheduled August 19-22 in Chicago.
The party also is scheduled to continue with a planned virtual roll call between approximately August 1
and August 7 (discussed below) to nominate its presidential ticket before the convention begins. The
virtual roll call plan emerged in May 2024 after it appeared that ballot-access deadlines in Ohio and other
states could conflict with the timing of the Democratic National Convention. There has been debate about
the necessity of holding a virtual roll call. Attorneys for the convention Rules Committee advised during
July 2024 meetings that the virtual roll call remained necessary to avoid potential litigation about ballot-
access deadlines. Additional discussion of party rules affecting the status of the nominating process
appears below.
Congressional Research Service
https://crsreports.congress.gov
IN12396
CRS INSIGHT
Prepared for Members and
Committees of Congress
Congressional Research Service
2
Party Rules and the Nominating Process
Whether during routine times or extraordinary ones, party rules govern the presidential nominating
process. For Democrats, provisions specified in the Call of the Convention and the Bylaws are particularly
noteworthy. Party rules generally establish broad provisions about how the party makes decisions and
how candidates may seek the presidential nomination. They typically do not address specific detail such
as the implications of any particular candidate’s decision to seek the nomination or to withdraw. Various
party governing committees are responsible for developing and interpreting the rules. Ultimate
decisionmaking responsibility generally falls to the convention, the Democratic National Committee
(DNC), or both. Delegates select party nominees, typically at party conventions. As noted above,
Democrats plan to use a virtual nominating process ahead of the 2024 convention, as they did in 2020.
The DNC also may fill any nominee vacancies after the convention, as it did in 1972.
Recent Rules Affecting the Nominating Process
On June 20, 2024, the DNC approved an amended Call that, among other provisions, permits the
Democratic National Convention Committee (DNCC) Rules Committee to adopt permanent procedural
rules for the 2024 convention, set the agenda, and select convention officers. On July 24, the convention
Rules Committee did so, including approving provisions that affect nominee selection in light of
President Biden’s withdrawal.
Under those rules, by 6:00 p.m. on July 27, candidates must declare their intention to seek the
nomination. Then, by 6:00 p.m. on July 30, they must secure 300 delegate signatures on an electronic
nominating petition. No more than 50 delegates from a single state may sign the petition. Per Section C.4
of the convention rules and Appendix E in the amended Call, candidates must approve of their
nominations, thus apparently precluding “draft” efforts without the candidate’s consent.
The number of qualifying candidates then determines the remainder of the nominating process.
• If only one candidate meets the qualifying criteria, the virtual roll call to select the
nominee is expected to begin on August 1.
• If multiple candidates meet the qualifying criteria, the DNCC chair and the DNC chair
would determine when virtual voting begins. The rules permit a period of no more than
five days for candidates to “make their case to delegates and the public.”
• The presidential nominee may name a vice-presidential nominee. It is expected that a
presidential nominee would select a vice-presidential running mate by August 7.
• A “ceremonial” in-person vote among delegates is expected to occur at the national
convention in Chicago.
Potential Delegate Implications
As another CRS product discusses, Democrats rely on a combination of two types of national convention
delegates to select their presidential and vice-presidential nominees: (1) those who are pledged to support
particular candidates by virtue of their selection through state delegate-selection processes and (2) party
leader and elected official (PLEO) delegates that are allocated automatically, commonly called
superdelegates.
Pledged delegates do not automatically transfer to another candidate if the candidate to whom they are
pledged to support withdraws. Any candidate who withdraws may release pledged delegates so that the
delegates may support another candidate. A candidate who withdraws also could release delegates but not
endorse another candidate. Superdelegates are not pledged to support particular candidates, although they
often voluntarily pledge such support. President Biden’s announced support for Vice President Harris
Congressional Research Service
3
could encourage delegates to support her candidacy, as a sufficient majority reportedly has agreed to do.
Nonetheless, other candidates could seek the nomination, and delegates could consider those nominees
under the rules noted above.
Potential Campaign Finance Implications
Media reports have considered what might become of the Biden presidential campaign’s remaining funds
if he withdrew. Federal Election Commission (FEC) data show that, through May 2024, the Biden
presidential committee reported having approximately $91.6 million in cash on hand. Subsequent media
reports indicate that the Biden campaign raised substantial additional funds through June. After President
Biden’s announcement, the Biden for President committee notified the FEC that Vice President Harris
would be the presidential candidate for the committee, which would be known as Harris for President.
There has been some debate about whether funds raised when President Biden was the presidential
candidate remain available for the Harris presidential candidacy. Some commentators argue that because
President Biden and Vice President Harris were running mates and shared a campaign account (through a
single political committee), the campaign may spend all its funds advocating for Harris’s election to the
presidency. Others take an opposing view, arguing that contribution limits apply to the transition between
candidates. According to media reports, at least some members of the FEC disagree about whether the
issue is settled. Questions might also arise about whether contributions raised when President Biden was
still on the ticket must be refunded or permissibly transferred elsewhere, such as to a party committee.
Campaign finance questions might be unresolved until after the general election. The FEC could consider
enforcement actions, advisory opinions (AOs), or both about how or whether the Federal Election
Campaign Act (FECA) or commission regulations apply. Issuing AOs and adjudicating enforcement
decisions is time-consuming and requires agreement from at least four of six commissioners. Accordingly,
it is unclear how much impact FEC action might have before the election. Litigation is also possible.
Author Information
R. Sam Garrett
Specialist in American National Government
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff
to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of
Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of
information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role.
CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United
States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However,
as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the
permission of the copyright holder if you wish to copy or otherwise use copyrighted material.
Congressional Research Service
4
IN12396 · VERSION 1 · NEW