As news broke that President Joe Biden would exit the 2024 presidential election, Republicans cried foul. House Speaker Mike Johnson (R-LA) criticized Biden’s decision to step down, claiming the Democrats might “run into legal impediments” if Biden isn’t at the top of the ticket. On ABC, he said : “It would be wrong, and I think unlawful, in accordance to some of these states’ rules, for a handful of people to go in a back room and switch it out because they don’t like the candidate any longer.

That’s not how this is supposed to work.” HuffPost pointed out that Johnson failed to cite a legal doctrine to back this up. And so far, there’s not much of a legal case to be made by Republicans, as Biden had not been officially selected as the Democratic Party’s 2024 presidential nominee.

There doesn’t seem to be anything in the U.S. Constitution, Article II, Section 1 , concerning presidential elections, that is violated by Biden stepping aside.

There’s nothing in the 12 th Amendment to the U.S. Constitution that would make this illegal, either.

States have also not printed their ballots on which presidential candidates’ names will appear. Antonio Fins with the Palm Beach Post, as posted on Yahoo , noted that Florida has its primary for non-presidential races on Aug. 20.

Several other states similarly conduct their non-presidential primaries in August or September, according to the Federal Election Commission . This means that general election ballots sim.