GOP-controlled states are issuing warnings that they may prevent Biden from appearing on the ballot. Both Ohio and Alabama, under GOP leadership, have raised concerns that Biden may miss the deadlines necessary for ballot inclusion this November.
The crux of the matter lies in deadlines preceding Biden’s official nomination. Officials in both states argue that Biden’s nomination may come too late for compliance.
Alabama’s Secretary of State, Wes Allen, penned a letter on Tuesday to the chair of the Alabama Democratic Party cautioning that failure to officially certify Biden as the presidential candidate by August 15th could result in his exclusion from the November ballot. Allen cites Alabama’s requirement for political parties to furnish their certificate of nomination no later than 82 days before the election, slated for November 5th.
Despite Biden having secured sufficient delegates for the 2024 nomination, the Democratic National Convention, where formal nomination occurs, is slated to commence four days after Alabama’s deadline, on August 19th.
A similar scenario unfolded in 2020 when the Republican National Convention, where Trump was officially nominated, occurred after Alabama’s deadline. However, Trump’s inclusion on the ballot was facilitated by a special bill passed by Alabama’s Republican-controlled legislature, providing a one-time exception to the deadline.
Alabama has the option to enact a similar measure this year for the Democrats. The Alabama Secretary of State did not immediately respond to Business Insider’s request for comment.
Ohio, helmed by GOP Governor Mike DeWine, has also raised concerns regarding the timing of the Democratic convention, occurring after Ohio’s August 7 deadline.
Similar to Alabama, Ohio mandates political parties to submit their official nominations before the deadline for ballot appearance. In anticipation of the 2020 election, the state made a one-time exception to this rule due to the DNC and RNC occurring after the deadline, as confirmed by a spokesperson for the Ohio Secretary of State to Business Insider.
“This law has been on the books for many years,” stated Ben Kindel, a spokesperson for the Ohio Secretary of State. “Ultimately, both political parties have well-paid attorneys who are capable of advising them on the legal requirements for ballot access.”
Paul DiSantis, chief legal counsel to the Ohio Secretary of State, recently communicated to Ohio’s Democratic Party Chair that either the DNC must advance the date of its convention or the state’s General Assembly has until May 9th to grant another exception to the deadline for Biden to appear on the ballot.
The Biden campaign remains unfazed, asserting, “Joe Biden will be on the ballot in all 50 states.” A campaign spokesperson highlighted the ability of state officials to grant provisional ballot access certification before the conclusion of presidential nominating conventions, citing instances from 2020 where states like Alabama, Illinois, Montana, and Washington allowed provisional certification for Democratic and Republican nominees.
While Alabama leans heavily Republican, Ohio presents a more competitive landscape, although recent trends show a Republican-leaning shift.