Ohio and Alabama, two Republican-led states, have indicated that they may refuse to include Biden as a candidate on the ballot for the upcoming November elections.
According to officials in Ohio and Alabama, the critical factor at play here is the timing of the deadlines, which may occur before Biden is officially nominated.
Alabama’s Secretary of State, Wes Allen, sent a letter to the chair of the Alabama Democratic Party on Tuesday, issuing a warning. In the letter, Allen stated that if the party fails to officially certify Joe Biden as its presidential candidate by August 15th, the president will not be eligible to appear on the November ballot.
According to Allen, the reason for this is that Alabama law mandates political parties to submit their certificate of nomination at least 82 days prior to the election, which in this case is November 5.
“I am extremely committed to upholding and defending the laws and constitution of my State,” stated Allen in a statement to Business Insider. “I hold my oath in high regard and will ensure that the Alabama elections are conducted in strict accordance with Alabama law and the specified deadlines.”
Joe Biden has already secured the necessary number of delegates to secure the nomination for the 2024 election.
The Democratic National Convention, where Biden is set to receive the official nomination, is scheduled to commence on August 19th, just four days after the deadline.
In 2020, a similar situation occurred during the Republican National Convention, where Trump received his official nomination. The event took place after Alabama’s deadline, raising concerns. However, a special bill was passed by the state’s Republican-controlled legislature, granting a one-time exception and allowing Trump to be included on the ballot for that year.
If Alabama officials wanted to, they could once again provide the same opportunity for the Democrats this year.
Ohio, led by Republican Governor Mike DeWine, has raised concerns about the Democratic convention taking place after the state’s August 7 deadline.
According to a spokesperson for the Ohio Secretary of State, Ohio, like Alabama, has a requirement for political parties to submit their official nominations before the deadline in order to be included on the ballot. In anticipation of the 2020 election, the state made a special exception to this rule, as both the Democratic National Convention (DNC) and Republican National Convention (RNC) were scheduled to take place after the deadline.
According to Ben Kindel, a spokesperson for the Ohio Secretary of State, the law that governs the requirements for ballot access has been in existence for a long time. He pointed out that both political parties have highly qualified attorneys who are well-equipped to provide guidance on the legal aspects of the process.
According to Kindel, each party has the autonomy to determine their own bylaws, conduct a national convention, and establish protocols for certifying candidates for the ballot. Kindel emphasized that their office does not play a role in these procedures.
Paul DiSantis, Chief Legal Counsel to the Ohio Secretary of State, recently penned a letter to Ohio’s Democratic Party Chair. In his correspondence, he emphasized that for Biden’s name to be featured on the ballot, the DNC must either reschedule its convention or the state’s General Assembly needs to extend the deadline by May 9.
The Biden campaign remains unfazed and undeterred.
According to a statement shared with BI, the Biden campaign spokesperson confirmed that Joe Biden’s name will appear on the ballot in all 50 states. State officials have the authority to provide provisional ballot access certification before the conclusion of presidential nominating conventions.
“In 2020, several states including Alabama, Illinois, Montana, and Washington embraced provisional certification for both Democratic and Republican nominees,” states the statement.
Ohio, unlike Alabama, is a state that is highly competitive in terms of political leanings. Although it has leaned more towards the Republican Party in recent years, it still remains a battleground state.
