Q&A: Process Matters as Democrats Pick New Candidate

Ultimately, the checks and balances built into the process will be critical. Government officials and policymakers have an opportunity to educate Americans on that process. UVA also has many great resources to help the public understand the unusual circumstances we face and what lies ahead, including the Center for Politics and the Miller Center’s American President website.

Q. What happens before and during the Democratic National Convention, and are there steps to ensure this part of the process is open and fair?

A. Both political parties have established rules for their nominating process, and those rules have been refined over the years to address new challenges, as well as delegates’ concerns. Ultimately, the candidate needs delegate votes to secure the nomination, and checks and balances safeguard that process.

Melody Barnes, executive director of the Karsh Institute for Democracy, says that while the Democratic Party’s situation is nearly unprecedented, there are rules and guidelines to guide the process. (Photo by Erin Edgerton, University Communications)

This year, many of us are paying attention to what happens before the opening gavel at the DNC. Prior to Biden’s Sunday announcement, Democratic officials said they would hold a virtual roll call vote before the convention to confirm the nominee. That decision was made to address possible legal challenges regarding ballot deadlines. Earlier this week, the Convention Rules Committee and DNC confirmed they would still shift the nominating portion of the convention to an electronic format that will conclude weeks before the convention to ensure certification of the nominee before state ballot access deadlines. 

DNC leadership has stated that they plan to have a “transparent and orderly process … governed by the established rules and procedures of the party.” That will be critical for the public to feel this process is fair.

Q. Might there be challenges to Harris’ candidacy?

A. Challenges may emerge and some are more likely than others. It will be important for the DNC to explain and follow their rules.

If someone wants to challenge Harris for the party nomination – which seems unlikely but not impossible at this point – party rules state that the person would need to have signatures from 300 delegates with no more than 50 of those being from one state. Delegates can only sign one petition.

There’s also the possibility of a challenge from delegates who do not wish to select Harris. Delegates are free to cast their ballot for the candidate of their choice, but the campaign has announced Harris has the delegates she needs to win the nomination.

Finally, members of Republican Party leadership have made it clear they are watching the process and some have indicated they will challenge the legality of the transition on the Democratic ticket.

Q. How does the nomination process reflect our broader democratic process? What systems are in place to support this process moving smoothly?

A. The process of selecting a nominee of any party reflects a commitment to democratic principles such as representation, participation and accountability. Even though Biden has endorsed Harris, he does not have the power to choose his replacement. A majority of the roughly 4,600 Democratic Party delegates will have to consolidate behind a new nominee.

Although this is an unusual moment, the nominating process is governed by established rules and procedures that guide next steps. 

But let’s also remember that a great deal is required of each of us, too. We have a job to do in our democracy – pay attention, learn the facts and remain engaged through the election and beyond. Democracy takes work and we get the democracy we collectively work for.