With less than six months until the November general election in the United States, an unprecedented situation is unfolding in the crucial swing state of Ohio. As of now, Joe Biden’s name is not listed on the state’s ballot due to a conflict between Ohio’s ballot access laws and the timing of the Democratic National Convention.
Ohio law mandates that presidential and vice presidential nominees must be “certified to the secretary of state or nominated on or before the 90th day before the day of the general election.” This year, that deadline falls on August 7th. However, the Democratic National Convention, where Biden is expected to be officially renominated, is scheduled for August 19-22 – 12 days after Ohio’s cutoff.
Last month, Republican leaders in Ohio stated they are working with Democrats to ensure Biden makes the November ballot, though a clear solution remains elusive. On Tuesday, Ohio Secretary of State Frank LaRose sent a letter to the Ohio Democratic Party chairwoman, informing her that his office has not received confirmation the party will comply with the state’s ballot access deadline.
“As it stands today, the Democratic Party’s presidential nominee will not be on the Ohio ballot. That is not my choice. It’s due to a conflict in the law created by the party, and the party has so far offered no legally acceptable remedy,” LaRose stated.
LaRose warned that while not his desired course of action, he is “duty-bound to instruct boards of elections to begin preparing ballots that do not include the Democratic Party’s nominees for president and vice president of the United States,” if a solution is not accepted soon.
According to LaRose, the Ohio House Speaker has indicated there will be no legislative fix for the issue, leaving the onus on the Ohio Democratic Party to help identify a solution that both upholds state law and respects Ohio voters.
The Associated Press reports that since Ohio changed its certification deadline from 60 to 90 days before the general election, state lawmakers have had to temporarily adjust the requirement twice before, in 2012 and 2020, to accommodate both parties’ candidates. However, no such accommodation has been made this cycle.
This leaves the Democratic National Committee with two paths forward: either nominate Biden before the convention in August or sue to get him on Ohio’s ballot. Regardless of the approach, Ohio Democrats have assured that the president will ultimately appear on the state’s November ballot.
All eyes will be on Ohio in the coming weeks.