Ohio and Alabama, two Republican-led states, are considering the possibility of not including Biden on the ballot for the upcoming November election.
Deadlines that precede Biden’s official nomination are the determining factor, with Ohio and Alabama officials asserting that Biden may miss them.
Alabama Secretary of State Wes Allen penned a letter on Tuesday to the chair of the Alabama Democratic Party, cautioning that failure to formally certify Biden as their presidential candidate by August 15th would result in his exclusion from the November ballot.
According to Allen, the reason for this is that the state of Alabama has a requirement that political parties must submit their certificate of nomination at least 82 days prior to the election, which is scheduled for November 5th.
Allen stated in a statement to Business Insider that he has taken an oath to uphold and defend the laws and constitution of his State, and he takes that oath very seriously. He further expressed his commitment to administering Alabama elections in accordance with Alabama law and the deadlines provided therein.
Joe Biden has already garnered sufficient delegates to secure the nomination for the 2024 election.
The deadline for Biden to announce his running mate is four days before the Democratic National Convention, which is set to start on August 19th.
In 2020, a similar issue arose during the Republican National Convention where Trump was officially nominated. The convention happened after Alabama’s deadline, but Trump was still able to appear on the ballot. This was made possible because the state’s Republican-controlled legislature passed a special bill, making a one-time exception to the deadline.
Alabama officials have the opportunity to replicate their previous success in supporting the Democrats this year, should they choose to do so.
Ohio, governed by Republican Governor Mike DeWine, has raised concerns about the timing of the Democratic convention, as it falls after Ohio’s August 7 deadline.
In Ohio, just like Alabama, political parties must submit their official nominations before the deadline in order to be listed on the ballot. However, in the 2020 election, the state made a one-time exception to this rule. The Ohio Secretary of State’s spokesperson confirmed to BI that this exception was made because both the DNC and RNC were scheduled to take place after the deadline.
According to Ben Kindel, a spokesperson for the Ohio Secretary of State, this law has been in existence for a considerable period of time. “Both political parties have competent attorneys who are well-compensated and capable of providing guidance on the legal obligations for obtaining ballot access,” Kindel stated.
According to Kindel, each party is responsible for setting their own bylaws, organizing a national convention, and establishing rules for certifying candidates to the ballot. He clarified that their office is not involved in this process.
Last week, Paul DiSantis, the chief legal counsel to the Ohio Secretary of State, penned a letter to Ohio’s Democratic Party Chair. Within the letter, DiSantis emphasized the need for Joe Biden to be included on the ballot. To achieve this, he outlined two potential options. The first option involved the Democratic National Committee (DNC) moving up the date of its convention. Alternatively, the state’s General Assembly had until May 9 to grant an exception to the deadline.
The Biden campaign maintains that it is not concerned.
According to a statement from the Biden campaign, Joe Biden’s name will appear on the ballot in all 50 states. State officials have the authority to grant provisional ballot access certification before the presidential nominating conventions conclude.
“In 2020, several states, including Alabama, Illinois, Montana, and Washington, granted provisional certification for both Democratic and Republican nominees,” according to the statement.
Ohio has become increasingly Republican-leaning in recent years, despite being a more competitive state compared to deep-red Alabama.
