Joe Biden may face a hurdle in getting on the state presidential ballots, as Alabama’s top elections official stated that the president and vice president will miss the deadline to be certified as nominees in the state for the upcoming election in November. Alabama’s Republican secretary of state, Wes Allen, sent a letter to Alabama Democrats and the Democratic National Committee, citing state law that requires parties to provide a “certificate of nomination for President and Vice President” at least 82 days before the election. However, the Democratic convention is scheduled to begin on August 19, four days after the deadline, making it difficult for the certification to occur on time.
Allen expressed in his letter that if the office does not receive a valid certificate of nomination from the Democratic Party after its convention by the statutory deadline, he will be unable to certify the names of the Democratic Party’s candidates for President and Vice President for the ballot preparation for the general election. This issue echoes a similar situation in Ohio, where the secretary of state’s office also faces a certification deadline before the Democratic convention in August. The chief legal counsel for Ohio’s secretary of state informed Democrats that the DNC would either need to adjust the timing of its nominating convention or the state Legislature would need to create an exemption to Ohio’s requirement.
In response to the Alabama developments, a spokesperson for the Biden campaign stated that Joe Biden will be on the ballot in all 50 states. The campaign official also highlighted that states have the ability to grant provisional ballot access certification prior to the conclusion of presidential nominating conventions, citing examples from states like Alabama, Illinois, Montana, and Washington in 2020. However, the Alabama secretary of state’s office countered this, explaining that under Alabama law, there are no “provisional certifications” for candidates, and all candidates must adhere to the current Alabama law to gain ballot access.
It is worth noting that in 2020, Alabama’s GOP-controlled Legislature passed a law to adjust the certification deadline for parties due to the dates of the Republican National Convention. This change shifted the state’s certification deadline from 82 days before the election to 75 days for that year. This adjustment allowed the 2020 Republican convention, which nominated President Donald Trump for a second term, to align with the state’s requirements, with the general election taking place on November 3. The developments in Alabama raise concerns about the timeline for Biden’s certification as the Democratic nominee for President and potential challenges in meeting the state’s requirements.
As the situation unfolds in Alabama, with the possibility of Biden missing the certification deadline for the state’s presidential ballot, it underscores the intricacies and challenges of complying with state election laws. The clash between the Democratic National Convention timing and the state certification requirements creates a dilemma for officials and party representatives. The issue may prompt discussions on potential solutions, such as adjusting the convention schedule, seeking exemptions from state requirements, or exploring other avenues to ensure Biden’s inclusion on the ballot in Alabama and other states with similar certification deadlines. The upcoming presidential election continues to present logistical hurdles and legal considerations that impact the nomination and ballot access processes for candidates on a state level.
