Democratic National Convention delegates are openly discussing what would happen at the August convention if President Biden either refuses to step aside or drops out of the race — pointing to a “good-conscience loophole” that lets them vote for a new candidate of their choosing.
DNC delegate Elaine Kamarck briefed other delegates Friday morning in a Zoom call that the apparent “loophole” allows for such a rebellion by letting convention-goers bolt if they no longer have a “good conscience” about their pledged choice determined by primaries and caucuses.
Kamarck, who has been on the DNC’s Rules Committee for decades, informed the 50 delegates on the call that “there’s no such thing as Joe Biden releasing his delegates. And Joe Biden gets this.”
“I don’t know why the rest of the press doesn’t get it,” she said.
“Joe Biden said in his NATO press conference, ‘The delegates can do whatever the hell they want to do.’ And that is basically true.”
The DNC’s rules state: “Delegates elected to the national convention pledged to a presidential candidate shall in all good conscience reflect the sentiments of those who elected them.”
Kamarack said the rules previously mandated delegates to vote who they were pledged to, but that changed after the 1980 convention fight between Ted Kennedy and then-President Jimmy Carter. Unlike Republican delegates, Kamarck explained, Democrats could revolt at any time.
Biden won nearly all the pledged delegates available in the primary since he ran largely unopposed.
Kamarck also pointed to the part of the rule that states delegates “reflect the sentiments of those who elected them,” saying they could technically decide that Biden is no longer representative of the people’s choice.
“See, we’ve never had a situation quite like this where the primaries were over. Very clear-cut winner. And yet something was discovered unclosed, whatever you want to call it, after the end of the primaries that caused people to severely doubt whether or not their nominee should proceed,” Kamarck said.
Kamarck led the delegate call Friday on behalf of the new group Delegates Are Democracy, which launched last week to inform delegates of their voting options for the Aug. 19-22 convention in Chicago.
The group says it was not formed to push Biden out, but to inform delegates of the convention rules given the rising Democratic pressure.
A revolt on the convention floor could amount to a political earthquake toppling the commander in chief — and momentum in the runup, including among other party leaders, could dictate the outcome.
What happens in the end may remain in doubt until the actual roll call, due to the difficulty of surveying all 4,521 delegates ahead of time.
Biden thus far has insisted he will remain in the race.
One anonymous delegate on the call asked how they should proceed if there is an open convention.
Kamarck said it would be “tough” to decide especially in a state that doesn’t have good polling, but suggested making phone calls.
“I would start with the people who voted for you to become a delegate, see what they think and see how they think you should proceed. You probably won’t have polling. That’s very good. You may have to rely on sort of national polling,” she said.
A prominent Democratic source said that it’s well known to certain party operatives that delegates aren’t truly compelled to vote for Biden, 81, even though he swept this year’s state nominating contests.
“It’s not a loophole! That’s the process. You can vote for whoever you want,” the source told The Post.
“I think it’s almost inevitable he drops out,” that source added.
But if Biden does not, the Democratic insider noted, delegates can break with the president in clean conscience because of his remarks last week that they can “do whatever they want.”
Biden defiantly blustered at that event, “It’s not going to happen.”
“Biden has already said you’re free to vote for whoever you want. He’s said that publicly,” the source said. “Second, they can anyway.”
The scale of a possible revolt is unclear, with the source saying he could imagine “very few” actually joining in if Biden forges ahead — particularly if former House Speaker Nancy Pelsoi (D-Calif.), Senate Majority Leader Chuck Schumer (D-NY) and former President Barack Obama set aside their private misgivings following Biden’s disastrous June 27 debate performance.
But even an unsuccessful revolt could hurt Biden going into the Nov. 5 election against former President Donald Trump, the Republican nominee.
“If it’s 10 or 100 or 200, people in the media will say, ‘Oh my God, it’s a massive defection,’” he added.
Some Democrats fear that Vice President Kamala Harris, Biden’s most likely replacement, could fare even worse due to the fact that her approval ratings have trailed her boss’ through much of their administration.
“We are so f–ked,” a senior congressional Democratic source told The Post.
“Apparently the border czar who lets 10 million illegals in is going to win this election for us. Absolutely ridiculous, she should join Biden as he exits stage left.”
But if the party passes over Harris, the first female vice president and the first of African and South Asian heritage, it would create fresh chaos.
“I don’t think he drops out without a clear plan,” said a source close to the White House. “We won’t have a brokered convention.”
This source said “she has been a loyal VP” and Biden likely would back Harris, 59.
Another source close to Biden said, “Remember, he himself was passed over by Obama and it stung. I don’t think he’d do that to Harris.”
But that source, when asked if Biden’s blessing of Harris would head off a convention floor fight, said: “I think so,” then added, “But God, who knows at this point.”