- Oct 17, 2011
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An obscure provision of Ohio law could keep Biden off the ballot in November
President Joe Biden might not appear on the November 2024 presidential ballot in Ohio. Ohio law requires that presidential candidates be certified – that is, the state must be notified that presidential candidates have been officially nominated – 90 days before the general election in order to get on the ballot. That is the earliest deadline of any state.But the Democratic National Convention that will formally nominate Biden won’t open until nearly two weeks after Ohio’s Aug. 7 deadline. The Republican National Convention will wrap up nearly three weeks before the deadline, so Donald Trump won’t have a problem getting on the ballot.
The 90-day deadline has often caused trouble since its adoption in 2010. Only in 2016 did both parties’ conventions take place before the Ohio cutoff date. Both conventions took place after the deadline in 2012 and 2020, and legislators extended the deadline both times.
There are ways to resolve this problem, as two other states with early deadlines have already done. Washington state officials said they will accept a provisional certification of Biden’s nomination before the convention. And Alabama’s Legislature shortened its deadline so that Biden could qualify for the ballot there.
Neither solution seems likely in Ohio, where Republicans may be seeking to make life harder for the Democrats’ presidential nominee.
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Now, Republican Secretary of State Frank LaRose has just send a letter to the Chair of the Ohio Democratic Party stating that he does not believe the legislature is going to grant an extension so the DNC is going to be forced to either change the date of their nominating convention to satisfy Ohio Republicans, or take them to court.
The Biden Campaign and the DNC has been largely silent on this issue, apparently attempting to resolve this behind the scenes through negotiations. However, LaRose's letter makes it clear that the time for a settlement to this appears to be at an end with Ohio Republicans prepared to force Democrats to take them to court.