Heritage Foundation working on election legal challenges in case Biden pulled from DNC nomination

The Heritage Foundation, a major conservative activist organization, is prepared to start legal battles in multiple swing states if Democrats try to swap Biden out of the party nomination.

President Joe Biden walks off stage during the CNN Presidential Debate at the CNN Studios in Atlanta, Georgia. (Justin Sullivan/Getty Images)

Heritage has already identified multiple states in which a switch away from Biden before or after the nomination could mean serious trouble for the Democratic Party.

In a separate statement, the Oversight Project warned, "If the Biden family decides that President Biden will not run for re-election, the mechanisms for replacing him on ballots vary by state. There is the potential for pre-election litigation in some states that would make the process difficult and perhaps unsuccessful. 

"Given the expected intensity of election integrity concerns in this election cycle, policymakers and the public should be educated and aware of the contentious path ahead," it added.

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Heritage points out that many states — including swing states such as Georgia, Nevada and Wisconsin — might not allow a replacement on the ballot

Wisconsin does not allow a candidate's name to be withdrawn from the ballot except due to death. 

Nevada allows changes to its ballot up until 5:00pm on the fourth Friday of June in the election year. It also allows special consideration for if nominees die or are determined to be mentally unable to proceed. 

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President of the United States Joe Biden and Former President Donald Trump participate in the first Presidential Debate at CNN Studios in Atlanta, Georgia. (Kyle Mazza/Anadolu via Getty Images)

Georgia would allow Biden to withdraw up to 60 days before the election. If Biden withdraws afterward, his name would remain on the ballot but votes for him would be discarded.

Other states have restrictions on timing and the reason for withdrawal from ballots, while others have no procedures on the books, making the prospect of switching Biden out a minefield.

Timothy Nerozzi is a writer for Fox News Digital. You can follow him on Twitter @timothynerozzi and can email him at timothy.nerozzi@fox.com

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