President Joe Biden has filed paperwork to appear on the Nevada Democratic primary ballot in February, formalizing his 2024 candidacy amid concerns in his party about whether he can win a second term.
Nevada’s Oct. 16 filing deadline is the first one out of 57 Democratic nominating contests. The filing period for New Hampshire’s primary opened on Oct. 11 and closes Oct. 27. Seven more states have filing deadlines in November.
Biden’s filing is a formality, and he is not expected to face major competition in Nevada. Only Democratic challenger Marianne Williamson and a handful of relative unknowns have also filed to run there. And the chances of Biden facing a significant challenge for renomination in 2024 were greatly reduced when Democrats defied expectations and historical trends in the 2022 midterm elections, gaining a Senate seat and governorships while minimizing losses in the House.
But a number of Democrats — mostly privately, but some publicly — have suggested the party needs to consider its options. Rep. Dean Phillips, D-Minn., has been perhaps the most vocal, saying that concerns about Biden’s age and Republican investigations into him and his family should at least prompt a more robust discussion of a potential major challenger to Biden.
Phillips has largely sidestepped the question of whether he would run himself. But to mount a credible challenge, a Democrat would need to begin working to meet the various filing requirements to get on the ballot in enough states next year.
“I celebrate President Biden, but am disappointed he decided not to pass the torch, concerned by the ominous polling, and cognizant of Americans’ desire to turn the page to the future," Phillips told NBC News.
“If Joe Biden is the eventual nominee, I’ll do everything I can to support and promote his candidacy," Phillips continued. "But I still believe that he, Democrats and America would be best served by a respectful and responsible competition to ensure we nominate the candidate best able to defeat Donald Trump in 2024.”
Filing requirements vary widely by state, with some calling for significant filing fees or for large numbers of signatures to be gathered — potentially high hurdles for someone who might make a last-minute decision to challenge Biden.
South Carolina Democrats require a $20,000 filing fee, while also giving significant discretion to the party’s executive committee to determine whether candidates are “bona fide Democrats, whose record demonstrates their faithfulness to the Democratic Party,” among other criteria.
Jimmy Carter was the last president to face a major renomination challenge, with his fight against then-Sen. Ted Kennedy, D-Mass., going all the way to the 1980 Democratic convention. In 1968, President Lyndon Johnson decided not to seek a second term after Vietnam War critic, then-Sen. Eugene McCarthy, D-Minn., finished a surprisingly strong second place against the incumbent in the New Hampshire primary.
Nevada Democrats are holding a primary rather than caucuses for the first time since 1980 to determine delegates to the national convention. The Silver State gained a coveted early position in the Democratic calendar order in 2008, and has held the “First in the West” caucuses since, after the Iowa caucuses and New Hampshire primary.
Biden finished second in the 2020 Nevada caucuses, following disappointing showings in the Iowa caucuses and New Hampshire primary. He rebounded to score a major win in the South Carolina primary a week later, setting him on the path to winning the nomination.
The Democratic National Committee, with Biden’s blessing, made major changes to the 2024 nominating calendar. The party initially proposed having Nevada’s primary on the same day as New Hampshire’s, three days after the South Carolina primary.
The New Hampshire secretary of state is expected to set the date of his state’s primary earlier, however, citing state law that requires it to be held seven days before any “similar election.”
If that happens, it isn’t clear whether Biden will file for the New Hampshire Democratic primary ballot, as DNC rules meant to enforce its preferred calendar would penalize a candidate who participated in a contest outside those guidelines.
