What Biden means when he says DNC delegates are 'free to do whatever they want'

MILWAUKEE — High-profile Democrats are increasingly unhappy that President Joe Biden is running for reelection and continue to put pressure on the 81-year-old incumbent to put an end to his campaign.

But Biden isn't the only one who could upend the race for the White House.

The 3,896 delegates themselves who will assemble next month at the Democratic National Convention in Chicago are within their power to vote for someone besides Biden - even though he won their states' primaries earlier this year.

That's because of a section in the DNC rules referred to as the "good conscience" clause.

Rule 13(J) reads as follows: "Delegates elected to the national convention pledged to a presidential candidate shall in all good conscience reflect the sentiments of those who elected them."

More: At the RNC, GOP speakers target Kamala Harris as speculation grows over Biden dropping out

Has the 'good conscience' clause ever been used?

At a press conference last week, Biden acknowledged this reality when he said his delegates are "free to do whatever they want" at the DNC.

He was referring to a DNC rule that hasn't always been there. It got changed in the 1980s.

Before that, if a delegate voted contrary to the way they were elected during the primaries, they would be replaced by an alternate delegate who'd cast a vote for the candidate who won the original delegate's vote.

Now, a delegate at the DNC can vote for anyone they choose if they, in all good conscience, represent their beliefs.

Elaine Kamarck, a senior fellow at the Brookings Institute and member of the DNC rules committee, told USA TODAY this reasoning has never been defined further and has yet to be used on a scale grand enough to change the outcome of a nomination.

She also said she doesn't think this is going to happen this year, even with all Biden's objectors.

There is "no such thing as Biden releasing his delegates," she said. She predicted that in the event Biden did back down, his endorsement of a replacement candidate could be an effective way of steering his supporters' votes to someone else.

It's via this route that Vice President Kamala Harris could end up as Biden's presumptive replacement on the Democratic ticket this November.

"Frankly, in this group of delegates, a lot of them would follow his advice," Kamarck said.

— Sam Woodward is the Minnesota elections reporting fellow for USA Today. You can reach her at [email protected], on X @woodyreports, or on Threads @samjowoody

This article originally appeared on St. Cloud Times: Why Biden says DNC delegates are 'free to do whatever they want'