Deep dive CNN report debunks Mike Johnson threat to Kamala Harris

A new survey of election law in all 50 states apparently destroys House Speaker Mike Johnson's claims about Vice President Kamala Harris' eligibility for the ballot.

The Louisiana Republican argued that legal "impediments" in some states would prevent Democrats from switching out President Joe Biden as the nominee after he withdrew from the race, but election authorities from both parties in at least 48 states told CNN that no obstacles would prevent Harris from appearing on ballots if she becomes the official presidential nominee.

"Two states did not respond, Florida and Montana, but experts say there's no indication there would be an issue there," said legal affairs correspondent Paula Reid.

"A reading of their rules also gives no indication that there would be any litigation, and I want to emphasize that this includes states that are considered swing states that had the closest margins in the last election, like Georgia, Arizona, Wisconsin, Pennsylvania, North Carolina, Michigan and Nevada, all indicating that there is no issue with Harris appearing on the ballot as long as she's the one who is nominated at the convention."

However, Reid said, that apparent clarity doesn't mean that Republicans won't challenge the vice president's eligibility to run against Republican nominee Donald Trump.

"But of course this doesn't mean that they won't file lawsuits because there is a potential political advantage to be gained by merely filing a lawsuit that helps to sow chaos and confusion," Reid said.

"You can even fundraise off of a lawsuit, even if you're not going to ultimately win. To this point we know that Trump allies certainly have discussed the potential legal implications of switching to Harris. At this point it's unclear if there'll be challenges, but it appears pretty clear from our reporting that, on this issue, they would not be successful."

Experts told CNN that there would be no issue with Harris appearing on the ballot because Biden was never named as the official nominee and Democrats never submitted his name to the states as their nominee.

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“Political parties nominate their presidential and vice-presidential candidates at their conventions and then inform the State Board of Elections of those persons’ names," said Patrick Gannon, spokesperson for the bipartisan North Carolina State Board of Elections. "The Democratic Party has not yet had its convention, nor has it informed the State Board of its presidential and vice-presidential candidates’ names."

Trump allies have discussed whether they have grounds to challenge the vice president's eligibility, and while it's impossible to predict how a particular court would rule on the matter, experts say those legal battles would likely fail.

“Democrats do not have a nominee yet," said Derek Muller, a University of Notre Dame law professor who is an expert on election law.

"The nomination formally happens at the convention. Any litigation before the convention challenging the identity of the nominee is about something that hasn’t yet happened. Any challenges after the convention would be challenges to a nominee who received the support of the convention delegates under convention rules. It’s essentially impossible to argue that the nominee is not the true nominee of the party at that point.”

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