DemDaily: Deadline to Dropout
Although the presidential is a federal office, candidates who jump into the race for the White House enter with varying advantages and disadvantages, based on their state laws.
| A closer look at the presidential field provides perspective on the decisions of some candidates to take the leap, the next steps for those who don't make the cut and, for some, pending deadlines that will affect their decisions as the race progresses. |
Each state determines its own candidate filing deadlines for state office, for Congress, and for the presidential election, determining the level of risk to contenders throwing their hats into the ring.
Of the 24 major contenders for the Democratic nomination, 16 are current elected officials, 14 of whom are eligible for reelection to their current offices.
Under NJ law, Booker can run for Pres and Senate at same time (Getty)
Six candidates, however, are up for reelection in 2020, at the same time as the presidential, putting them in the position of, at some point, having to make a choice between relection or running for president -- either to preserve their seat or because of filing deadlines that impose a time-sensitive decision.
However, five of those candidates up for reelection, in California, Hawaii, Massachusetts, Ohio and New Jersey, are permitted under state law to run simultaneously for both their current federal office and president, providing a fallback if they are not successful in their presidential bid.
| Home State | Candidate | Current Office (if any) | Up for Reelection | 2020 Re/election Filing Deadline |
| Colorado | Michael Bennet | US Senator (2009 to present) | 2022 | __ |
| Delaware | Joe Biden | Former Vice President (2009-2017) | __ | __ |
| New York | Bill de Blasio | Mayor, New York City (2014 to present) | 2021 | __ |
| New Jersey | Cory Booker | US Senator | 2020 | Senate: March 30, 2020. Can run for US Senate and Pres simultaneously |
| Montana | Steve Bullock | Governor (2013 to present). Term ends in 2021. | By law, limited to two terms | __ |
| Indiana | Pete Buttigieg | Mayor of South Bend (2011-present), declined to run for 3rd term in 2019 | __ | __ |
| Texas | Julian Castro | Former HUD Secretary | __ | __ |
| Maryland | John Delaney | Former US Congressman (2013-2019), declined to run for reelection in 2018 | __ | __ |
Gabbard. Hawaii has its own rules (HPN)
The "LBJ law" is based on the 1959 change to previously restrictive Texas law, in order to allow Lyndon B. Johnson to seek both the vice presidency and re-election to his Senate seat in 1960.
Regardless, presidential contenders run a risk of incurring primary opponents in their current offices who are building a campaign against them as they get closer to the election. Gabbard and Moulton, for example, already have primary opposition for their congressional seats.
Current federal office holders who are running for president and drop out, also have the advantage of being able to transfer some of the funds raised from their presidential campaign to their US Senate, US House race, and in some cases, state campaign, as long as they do not exceed the aggregate limit of individual or PAC contribution between the two accounts.
| Home State | Candidate | Current Office (if any) | Up for Reelection | 2020 Re/election Filing Deadline |
| Hawaii | Tulsi Gabbard | US Congresswoman (2013 to present) | 2020 | Congress: June 2, 2020. Can run for Congress & Pres simultaneously |
| New York | Kirsten Gillibrand | US Senator (2009 to present) | 2024 | __ |
| Alaska | Mike Gravel | Former US Senate (1969 to 1981) | __ | __ |
| California | Kamala Harris | US Senator (2017 to present) | 2022 | __ |
| Colorado | John Hickenlooper | former Governor (2011-2019) | By law, limited to two terms | US Senate: April 6, 2020 |
| Washington | Jay Inslee | Governor (2013-present) | 2020. Eligible to run for third term |
Governor: May 15, 2020
|
|
Minnesota
|
Amy Klobuchar | US Senator (2017 to present) | 2024 | __ |
| Florida | Wayne Messam | Mayor, Mirimar Florida (2015-present) | 2023 | __ |
Hickenlooper for Senate 2020?
Former Colorado Governor John Hickenlooper, for example, is being encouraged to leave the presidential contest and run against first-term Republican US Senator Cory Gardner in 2020.
Former Texas US Senate candidate Beto O'Rourke, who came within 3% of beating Republican incumbent Ted Cruz in 2018, is also being pushed to run against Texas Republican Senator John Cornyn in 2020.
| Home State | Candidate | Current Office (if any) | Up for Reelection | 2020 Re/election Filing Deadline |
| Massachusetts | Seth Moulton | US Congressman (2015 to present) | 2020 |
Congress: May 5, 2020. Can run for Congress & Pres simultaneously
|
| Texas | Beto O'Rourke | former Senate Candidate (2018) | __ | US Senate: December 9, 2019 |
|
Ohio
|
Tim Ryan
|
US Congressman (2003 to present)
|
2020
|
Congress: December 11, 2019.
Can run for Congress & Pres simultaneously
|
| Vermont | Bernie Sanders | US Senator (2007 to present) | 2024 | __ |
|
California
|
Eric Swalwell
|
US Congressman (2013 to present)
|
2020
|
Congress: December 6, 2019.
Can run for Congress & Pres simultaneously
|
| Massachusetts | Elizabeth Warren | US Senator (2013 to present) | 2024 | __ |
| California | Marianne Williamson | __ | __ | __ |
| New York | Fred Yang | __ | __ | __ |
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Sources: FEC, Ballotpedia, Roll Call, Secretary of State Offices
