Biden’s Indiana ballot status — and your other questions — answered

Indiana voters, political donors and candidates will surely be impacted by President Joe Biden’s decision to drop out of the 2024 election. But the question is how? 

Does Biden, who won the Indiana presidential primary election, have to appear on the ballot this November? If not Biden, then who? And what will be the impact for those who donated to the campaign or who are running for elected office in Indiana? 

State Affairs has the answers to these questions and more. Here’s how Biden’s decision will impact the upcoming general election in Indiana. 

Does Biden have to appear on the general election ballot? 

No. 

Angie Nussmeyer, the Democratic co-director of the Indiana Elections Division, told State Affairs the deadline to certify a presidential nominee to her division is noon Sept. 10. 

“The Democratic Party’s ticket [president/vice president] will be certified to us by the Indiana Democratic Party’s state chair,” Nussmeyer said. “There is no state law that requires the person who won a major party’s primary election be the only candidate that can be certified to the state to appear on the November ballot as the party’s ticket.”

In fact, Indiana law specifies that even if Biden had dropped out after this deadline, votes cast for him would be considered votes cast for whomever the party named as his successor. 

The Indiana Secretary of State’s Office confirmed these facts in a Monday news release, noting  that counties also have until Sept. 16 to print ballots. 

The Sep. 10 deadline falls after the Democratic National Convention, which will take place Aug. 19-22 in Chicago. Democrats are expected to name a new candidate slate at the convention. 

Some Republicans, including Speaker of the House Mike Johnson, have said Democrats will face lawsuits at the state level due to the proposed change. 

“Every state has their own election system, and the Democrat party will face legal challenges in trying to remove Biden from the top of the ticket,” Johnson said in a Sunday evening X post. 

Marc Elias, an attorney who represents national Democrats in election matters, said in his own X post that the new nominee will appear on the ballot in every state. 

“There is no basis for any legal challenge,” Elias said. 

Who will be the new nominee? 

Vice President Kamala Harris is the clear frontrunner. She benefits from already having been a part of the presidential ticket in 2024 and 2020, and Biden endorsed her on his way out of this year’s race. 

She was also endorsed by a host of other high-profile Democrats, including Secretary of Transportation and former South Bend Mayor Pete Buttigieg and Michigan Gov. Gretchen Whitmer. 

Others may opt to challenge Harris at the convention. Ultimately, Democratic National Convention delegates — including the 79 making the trip from Indiana — will select the next nominee. 

What happens to Biden’s campaign money? 

Harris, who was part of Biden’s campaign committee as his running mate, has already filed with the Federal Election Commission to assume control of the account. 

Saurav Ghosh, the director of federal campaign finance reform at the Campaign Legal Center, told U.S. News & World Report that campaign finance rules would not allow Biden’s account to be passed on to another candidate if Harris is not the nominee. Rather, the campaign would have to either refund donors or transfer the money to the Democratic National Committee, which could spend on behalf of a new candidate. 

Donors may request a refund from any campaign committee through the FEC’s website. 

Will this affect down-ballot races in Indiana? 

There would not appear to be any direct impact on local and statewide candidates, but Biden dropping out may have other effects.

Speaking with State Affairs about Democratic gubernatorial candidate Jennifer McCormick’s chances in 2024, Laura Merrifield Wilson, an associate professor in the Department of History and Political Science at the University of Indianapolis, said what’s happening at the presidential level can  influence voter turnout and campaign fundraising for Indiana’s down-ballot races. 

A new nominee may encourage or discourage voter turnout for state Democrats, who are seeking to flip a U.S. Senate seat and the governor’s mansion, among other races in largely Republican-controlled Indiana. 

Contact Rory Appleton on X at @roryehappleton or email him at [email protected].