Deadline has not passed in Wisconsin to replace Biden on the ballot

Speculation — and misinformation — has surrounded what could happen if President Joe Biden decides to exit the presidential race, though he has declared he’ll keep running. 

That includes multiple posts on X, the social media platform formerly known as Twitter, that the deadline to replace Biden on the ballot has passed in Wisconsin. 

"I’ve been telling you for days. Deadlines have passed in Nevada and Wisconsin and Republicans are absolutely willing to fight to keep any replacement nominee/ticket off," a now-deleted post read. 

The conservative Heritage Foundation indicated they were eyeing legal challenges in states with deadlines they believed posed obstacles to replacing Biden. Wisconsin, Georgia and Nevada were included. 

Other posts, including one from July 8, show social media users believe "Democrats missed the deadline to remove Biden off the ballot in certain states like Wisconsin, Georgia or Nevada." 

At PolitiFact Wisconsin, we’re focusing just on the Wisconsin part of the claim. 

Has the deadline in Wisconsin to replace Biden on the top of the ticket passed?

Let’s take a look. 

When asked about the deadline in Wisconsin, the Wisconsin Elections Commission directed PolitiFact Wisconsin to the commission’s memo about ballot access requirements for presidential and vice presidential candidates.  

In Wisconsin, the parties that have attained ballot access are currently the Democratic, Republican, Libertarian, Green and Constitution parties. 

"The names of candidates for President and Vice President for these parties are placed on the General Election ballot when their names are certified by the state or national chairperson to the Wisconsin Election Commission no later than 5:00 p.m. on Tuesday, September 3, 2024, the WEC memo reads. 

Each certified candidate also must file a Declaration of Candidacy with the commission by that same deadline.

So, the key date here is Sept. 3. That’s the deadline for the Democratic party to certify their candidates’ names to the Wisconsin Elections Commission, and when their names will go on the ballot. 

And a few weeks later, Sept. 19 is the deadline for local clerks to send absentee ballots to voters with requests on file — ballots that will have the parties’ presidential and vice presidential nominees at the top.

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So, it’s less about replacing Biden — he hasn’t even formally been placed on the November ballot yet in Wisconsin.

There’s another date to keep in mind, and that’s the timing of the Democratic National Convention. The DNC runs from Aug. 19 to 22 — wrapping up a little less than two weeks before Wisconsin’s deadline. 

And the DNC plans to nominate Biden virtually ahead of the convention because of an earlier deadline in Ohio law. 

If there were an open convention and Democrats choose another nominee like Vice President Kamala Harris, the convention is still scheduled to end before Wisconsin’s deadline.

So, as long as Democrats certify their candidates to the Wisconsin Election Commission by Sept. 3, whoever those names are will be on the ballot. 

Another claim that’s been circulating is that the only way to replace Biden on the ballot is if he dies. 

We’ve already said the deadline is Sept. 3, but there is a provision in state law that lays out what would happen in that scenario.

"If a vacancy occurs after nomination due to the death of a candidate of a recognized political party for a partisan office, the vacancy may be filled by the chairperson of the committee of the proper political party," state law says. 

That state law would likely apply to federal races like president or vice president, but could be subject to litigation or challenges because it hasn’t been used before.

But the law lays out how the party can replace the nominee in the event of the candidate’s death.

Claims have circulated online that President Joe Biden cannot be replaced on Wisconsin’s ballot because the deadline to do so has passed. 

"Replace" isn’t even the right word here — the November ballot hasn’t been set yet in Wisconsin. Political parties must certify their candidates with the Wisconsin Elections Commission by Sept. 3. 

And that date is after the Democratic National Convention will conclude, and the party currently plans to nominate Biden even before the convention starts. 

We rate claims that the Wisconsin deadline has passed False.