As a lifelong Democrat who has been active in the national party since 1972, I admire President Biden and enthusiastically voted for him in 2020. Since then, I believe that he has done an excellent job navigating our country through difficult times.
But for months now, I have argued that, because of his low approval ratings and the public’s deep doubts about his physical stamina and mental acumen, he should not seek reelection. After his horrendous performance in last week’s debate with Donald Trump, I feel more strongly that he is in political free fall and must quit the race as soon as possible.
His campaign’s response to Biden’s stumbling debate has not been a confidence builder. They have argued that the party should stick with him because of his distinguished 50-year career, his 2020 win over former president Trump, and his ability to do it again. They say that all incumbent presidents perform poorly in the first debate and that the Democratic Party owes him the opportunity to rebound from one “bad night.”
None of these explanations are convincing because a “bad night” is not what we witnessed June 27. Biden showed that he is not physically or mentally able to continue his reelection quest. Polls indicate the electorate feels that way, too: More than 70 percent of voters — and about 4 in 10 Democrats — said in a CBS News post-debate survey that they do not think Biden has the mental and cognitive health to be president. Other polls suggest Trump’s existing lead over Biden grew after the debate.
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But here’s the thing: A Democratic nominee who was spry and clearheaded would have called out every lie and racist statement made by Trump on debate night — something Biden struggled to do. Such a Democratic nominee might have turned the tables on Trump. It is time for the Democrats to find that candidate and unite behind them by holding an open convention.
Biden loyalists say this cannot be done without risking a chaotic fight that would tear apart the party and make Trump’s victory all the more inevitable. They also contend that Biden is effectively the nominee and that if he does not wish to yield the nomination, he cannot be forced to. But neither of these arguments are true.
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Until the Democratic National Convention selects a nominee by a majority vote of the delegates, there is no nominee — period. That means other candidates still have time to compete for delegates before the convention convenes on Aug. 19 in Chicago.
An open convention need not be tumultuous. The chair of the convention and the chair of the national party will have the ability to establish an orderly process that builds consensus. This all can begin as soon as Biden agrees to quit the race and to release the nearly 4,000 delegates he won during the primaries to vote for a different candidate.
If he did that next week, alternative candidates would then have about 40 days to make their case to the delegates and to the public at large. During this highly condensed nominating sprint, the Democratic National Committee would need to organize, in a completely neutral way, regional delegate meetings, candidate forums, debates, and so forth.
Then, once the convention selected the new nominee and their choice for vice president, the new ticket would have about 10 weeks to make their case to the general electorate before Election Day on Nov. 5. A tight schedule? For sure. But possible. And necessary.
If, however, Biden refuses to quit the race, there is still a way for the party to find a new nominee. It would require delegates to decide that, for the good of the party, they cannot be required to vote for him. This right is implicit in the delegation selection rules and the party’s charter, which says delegates must have “the interests, welfare and success of the Democratic Party of the United States at heart.”
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That means that if enough delegates conclude that the president is not fit to be the Democratic nominee, indeed that the party is certain to lose with him as its helm, they could break free and select alternative candidates. This is not the ideal situation, but it may become necessary if the president and his team dig in their heels.
I say all this as someone who has been a loyal Democrat his entire life, who has served the party as a convention organizer and rule drafter, and as an adviser to candidates, including Senator Ted Kennedy. This year, I do not have a favored candidate and will vote for whomever the nomination selects.
But I fear what will happen if Biden does not quit the race. Democratic leaders cannot look the other way in a blind-faith attempt to prop up his failing candidacy. Doing so would make them complicit in a charade that benefits no one but Trump. Leaders must step forward to restore confidence and unity in the party. With that, I feel confident that a national ticket will win against a deeply flawed and malign candidate like Trump.
This is not telling your aging father you want the keys to his car. America’s democracy may be at stake. The party must act now.
Scott W. Lang is a lawyer and former mayor of New Bedford. He worked for the Democratic National Committee from 1973 to 1978, overseeing the delegate selection process that nominated Jimmy Carter in 1976.
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