The potential exclusion of President Joe Biden from the November ballots in Alabama and Ohio has triggered a political and legal quandary, with both states citing the late timing of the Democratic National Convention as the crux of the issue. The conventions for both the Democratic and Republican parties are pivotal events, not merely for rallying the base but also for fulfilling legal requirements to certify presidential candidates. Yet, this electoral cycle, the dates of the Democratic National Convention, slated for August 19-22, clash with the statutory certification deadlines in both Alabama and Ohio.
In Ohio, the Democratic National Convention falls after the August 7 deadline, with Secretary of State Frank LaRose highlighting the timing as a potential roadblock. LaRose’s office has warned the Ohio Democratic Party about the implications of the scheduling conflict. “I am left to conclude that the Democratic National Committee must either move up its nominating convention or the Ohio General Assembly must act by May 9, 2024, to create an exception to this statutory requirement,” stated the correspondence from LaRose’s office to the state party.
Similarly, in Alabama, Secretary of State Wes Allen has issued a stark warning that the current timeline could lead to Biden’s exclusion. “If this office has not received a valid certificate of nomination from the Democratic Party following its convention by the statutory deadline, I will be unable to certify the names of the Democratic Party’s candidates for president and vice president for ballot preparation for the 2024 general election,” cautioned Allen.
Legal precedent and past flexibilities granted in similar situations, however, cast a shadow of partisanship over the recent warnings. Both Ohio and Alabama have made accommodations in previous elections, adjusting deadlines to align with convention dates. For instance, in 2012, despite the Republican National Convention beginning on August 27 and the Democratic National Convention on September 4, both Obama and Romney appeared on the Ohio ballot, although the law required certification by August 8.
Furthermore, in the 2020 cycle, the Alabama Republican Party circumvented their timing hurdle by sending a letter of anticipation, effectively certifying Trump and Pence before their convention had concluded. This approach was not flagged as an issue by Allen in his letter to the Democratic Party.
The Biden campaign remains undeterred, reiterating the stance that President Biden will be on all 50 state ballots. A Biden campaign official cited previous instances where states permitted provisional ballot access certification prior to the conclusion of presidential nominating conventions. Indeed, states such as Alabama, Illinois, Montana, and Washington provided this courtesy in the 2020 election cycle.
Relevant articles:
– The Shady Right-Wing Threats to Keep Biden Off Some State Ballots
– Republicans say a late convention could keep Biden off some ballots. It hasn’t mattered before., NBC News, Thu, 11 Apr 2024 21:49:59 GMT
– Biden could miss the deadline for the November ballot in Alabama, the state’s election chief says, The Associated Press, Wed, 10 Apr 2024 01:38:00 GMT
– States warn Biden could miss ballot. Dems say exceptions have been made for GOP., The Washington Post, Thu, 11 Apr 2024 22:28:00 GMT