Democrats are facing challenges in getting President Joe Biden on the ballot in Alabama and Ohio due to deadlines for certification as the Democratic nominee. Ohio Secretary of State Frank LaRose and Alabama Secretary of State Wes Allen have notified Democrats that their nominating convention is too close to the general election for Biden to make it on the state ballots. The Democratic National Convention is scheduled for August 19-22, while Ohio’s deadline is August 7 and Alabama’s is August 15.
In the past, states have either pushed back certification deadlines or accepted provisional certifications from parties when a convention occurs after the deadline. The Biden campaign is calling on Ohio and Alabama officials to follow past precedent. Washington state has already agreed to accept a provisional certification of the Biden-Harris ticket by August 20. The campaign has insisted that Biden will be on the ballot in all 50 states, proposing various options to resolve the issue.
Ohio and Alabama could potentially push back their deadlines or accept provisional certifications that would be confirmed after the conventions. However, challenges remain for both options. In Ohio, moving the convention or passing legislation is unlikely. Similarly, in Alabama, lawmakers have introduced legislation to push back the certification deadline, hoping for bipartisan support. Former Sen. Doug Jones of Alabama believes it is in everyone’s interest to fix the issue for this year and the future.
The Biden campaign is also considering holding a remote version of the convention roll call or pursuing litigation to ensure Biden’s placement on the ballot in Ohio and Alabama. In a letter to the Alabama secretary of state’s general counsel, the campaign hinted at legal action if necessary to avoid restrictions on ballot access. However, the Alabama secretary of state has maintained that state law does not allow for provisional certifications, citing his oath to uphold Alabama law.
Efforts to keep former President Donald Trump, the presumptive GOP nominee, off the ballot in Democratic-led states have also been made, based on arguments that his actions on January 6, 2021 made him ineligible for public office under the 14th Amendment’s “insurrectionist” ban. However, the US Supreme Court ruled that Trump could not be removed from the ballot in Colorado or any other state. This legal battle adds another layer of complexity to the challenges facing Democrats in ensuring Biden’s placement on the Alabama and Ohio ballots.
