

 
 INSIGHTi 
 
Recent Developments in the Democratic 
Presidential Nominating Process 
Updated August 1, 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. With 
issues discussed herein 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. 
Former President Donald Trump accepted the Republican nomination on July 18, 2024, and 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)—exceeding the 1,976 required for nomination. 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 (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. 
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 
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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 30, candidates had to secure 300 delegate signatures on an 
electronic nominating 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 determined the remainder of the nominating process. 
•  If only one candidate met the qualifying criteria, the virtual roll call to select the nominee 
was expected to begin on August 1. 
•  If multiple candidates met the qualifying criteria, the DNCC chair and the DNC chair 
would have determined when virtual voting began. The rules permitted 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. 
On July 30, the DNC and the DNCC chairs announced that Vice President Kamala Harris was the only 
candidate who met the qualifying criteria; that 3,923 delegates had petitioned to nominate Harris; and that 
virtual voting on her nomination would begin on August 1 and conclude on August 5. Given Vice 
President Harris’s margin of delegate support, superdelegates (discussed below) will be permitted to 
participate in the first round of the virtual roll call. According to media reports, three other candidates 
attempted to qualify but failed to secure at least 300 delegate signatures to do so. 
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 have 
pledged their support withdraws. Any candidate who withdraws may release pledged delegates, so that the 
delegates may support another candidate. Superdelegates are not pledged to support particular candidates, 
  
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although they often voluntarily pledge such support. As noted above, Vice President Harris has secured 
sufficient delegate support to win the nomination, although that result will not be finalized until the 
virtual roll call concludes. 
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. 
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