Three swing states where replacing Biden could be met with legal hurdles

President Joe Biden 's debate performance is spurring mass calls for him to step out of the presidential race , but replacing him might meet resistance outside the party as well as from within.

Republicans are preparing to challenge attempts by the Democratic Party to replace Biden's name with another candidate on November ballots in the name of election integrity.

While Biden campaign spokeswoman Lauren Hitt has denied reports that Biden is planning to drop out of the race, the conservative think tank Heritage Foundation has pointed to several legal challenges Democrats could face in vital states.

"We are monitoring the calls from across the country for President Biden to step aside, either now or before the election, and have concluded that the process for substitution and withdrawal is very complicated," Heritage Foundation Oversight Project Executive Director Mike Howell said in a statement. "We will remain vigilant that appropriate election integrity procedures are followed."

The Heritage Foundation has identified Georgia, Wisconsin, and Nevada as states where Democrats could face legal challenges if they pursue replacing Biden.

In Wisconsin, a candidate's name can only be removed if he or she dies, and in Nevada, the deadline for replacing candidates from the ballot, which was June 28, has already passed. However, there is an exception if a candidate is deemed mentally incapacitated, possibly prompting months of legal battles.

But in Georgia, there is still time for Biden to be booted from the ballot — if his name is removed up to 60 days before the election.

However, other states do not have clear procedural guidelines in the books for removing a presidential candidate's name from the ballot.

Even if the Democratic Party wants to nominate someone besides Biden, party leaders don't have the authority to remove him. There is an outside chance delegates at the convention later this summer could cast their votes for someone else. However, it appears to be nearly impossible for the party to select a different nominee without the president's cooperation.

"Delegates elected to the national convention pledged to a presidential candidate shall in all good conscience reflect the sentiments of those who elected them," the rules state.

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While Republicans prepare for legal action, Elaine Kamarck, a senior fellow in governance studies at the Brookings Institution, told ABC it is unlikely for the courts to get involved with disputes in the nomination process because it does not contradict voters' constitutional rights.

"This is very clear constitutionally that this is in the party's purview," Kamarck said . "The business of nominating someone to represent a political party is the business of the political party."