Is it too late to take President Joe Biden's name off the ballot in Kansas?

TOPEKA (KSNT) - With President Joe Biden dropping out of his re-election campaign and Vice President Kamala Harris stepping up for the role, what impacts will this have on the presidential race in Kansas?

27 News reached out to the Kansas Secretary of State (SOS) for help explaining how this year's presidential election on November 5 has changed following Biden's decision to withdraw from his bid for a second term on Sunday, July 21. An SOS spokeswoman provided a list of answers on the topic and website links to Kansas state laws dictating what happens if a presidential candidate decides to drop out.

Will Biden's name still appear on the ballot in Kansas?

Presidential and vice-presidential candidates are certified by their respective parties through a convention process, according to the SOS. Candidates are not official until this process is complete which, in the case of the Democrat Party, will occur at the Democratic National Convention (DNC) on Aug. 19-22 in Chicago.

As opposed to other political offices in Kansas, there is no deadline under state law for when a national political party must certify to the SOS its nominee for president and vice-president. If the Democrat Party decides Harris and her own selection for vice-president are running in the General Election, then their names will appear on the ballot.

Will there be any legal challenges?

There is a possibility of lawsuits in the aftermath of Biden's exit in some states, according to reporting from The Hill. These threats are cited as coming from Republican officials over the late decision to replace Biden with Harris for the upcoming General Election.

27 News reached out to Kansas Attorney General Kris Kobach to find out if his office will be filing a lawsuit following Biden's decision to exit the presidential race. A spokeswoman for Kobach sent 27 News this statement:

“We do not intend to sue him, because there is no evident violation of law. That said, President Biden’s decision to drop out now, rather than six months ago, denied hundreds of thousands of Kansas voters the opportunity to have a meaningful say in the Democrat primary. It was also a waste of over a million dollars of taxpayer money spent to hold the primary when the result was effectively rendered meaningless.”

Kansas Attorney General Kris Kobach

Kansas experienced a rare special election earlier in 2024 referred to as the Presidential Preference Primary (PPP) where four Republican and four Democrat candidates competed against each other. Presidential candidates Donald Trump and Biden came in first for their respective parties with Biden claiming 35,906 votes and Trump getting 72,115, according to the SOS. The SOS reported on June 24 the special election cost $2.78 million of the $4.7 million set aside for expenses related to the PPP in 2023.

What happens if a presidential candidate drops out after being nominated?

A national political party can provide a substitute name for their selected candidate in the event of their withdrawal or death under Kansas state law. This option is available only if the vacancy occurs before September 1 during the election year.

However, if the vacancy comes after the September 1 deadline, the state will replace the candidate's name if possible "subject to the needs for ballot preparation and that mail ballots are sent overseas and to the military 45 days before the General Election." If a vacancy for the presidential or vice-presidential candidate happens between the start of voting and the meeting of the electors, then the electors will vote on a substitute.

Candidates can also be removed from the ballot if they do not meet the eligibility requirements laid out in the U.S. Constitution for the position. For more information on presidential election candidates in Kansas, click here.

How have Kansas Democrats reacted to Biden dropping out?

Biden exiting the presidential race was quickly followed by several endorsements for Harris from members of the Democrat Party in Kansas. Governor Laura Kelly announced her endorsement for Harris alongside the Kansas Democratic Delegation on July 22.

“From her time as a prosecutor getting violent criminals off the streets to serving as a U.S. Senator fighting to protect reproductive freedom to traveling across the country delivering for the American people as Vice President, Kamala Harris has always done what’s best for American families.

At a time when our country is desperate to restore reproductive rights, strengthen the middle class, safeguard democracy, and bring people together, we need her leadership now more than ever. I’m proud to endorse Vice President Kamala Harris as our country’s next President of the United States.”

Governor Laura Kelly

For more Capitol Bureau news, click here. Keep up with the latest breaking news in northeast Kansas by downloading our mobile app and by signing up for our news email alerts. Sign up for our Storm Track Weather app by clicking here.

Follow Matthew Self on X (Twitter): https://twitter.com/MatthewLeoSelf