Exclusive: CNN survey finds 48 states say Harris can get on ballot instead of Biden, rejecting claim switch breaks state laws

Washington CNN —

The election authorities of at least 48 states, both Republicans and Democrats, say there are no obstacles that would prevent Vice President Kamala Harris from getting on election ballots if she becomes the official Democratic presidential nominee, as expected.

The findings of a CNN survey of all 50 states undercut the claims of House Speaker Mike Johnson, who said both before and after President Joe Biden dropped out of the race on Sunday that there are legal “impediments” in some states to a party switching presidential candidates as the Democrats did. There was not a single state election authority that told CNN Harris would face a ballot issue as the official nominee; election authorities in two states, Florida and Montana, did not respond to requests for comment, but a review of the states’ ballot access rules suggests Harris is not likely to face an issue there either.

Johnson, a lawyer, said on ABC News Sunday that “it would be wrong and I think unlawful in accordance to some of these state rules for a handful of people to go in the backroom and switch it out because they’re – they don’t like the candidate any longer.” He said on CNN Monday that “in some of the states, there are impediments to just switching someone out like that.”

But experts on election law say that is not true, since the Democrats never named Biden as the official 2024 nominee or submitted his name to the states as their 2024 nominee. And election authorities around the country have now confirmed – telling CNN or saying in public statements that Harris will not face any obstacles getting on their ballots if she is formally chosen as the Democratic nominee next month.

The 48 states (plus the District of Columbia) whose