As the Democratic National Convention approaches in August, elections officials in Alabama and Ohio have warned that President Joe Biden may miss the deadline to be certified as the Democratic nominee in both states. Ohio Secretary of State Frank LaRose and Alabama Secretary of State Wes Allen have stated that the timing of the Democratic nominating convention is too close to the general election for Biden to make it on their state ballots. Historically, states have either adjusted deadlines or accepted provisional certifications when a party’s convention occurs after the certification deadline.
The Biden campaign has called for Ohio and Alabama officials to follow past precedent in accepting provisional certifications. Washington state has already agreed to accept a provisional certification of the Biden-Harris ticket by August 20. The Biden campaign has insisted that they will be on the ballot in all 50 states, proposing options such as moving the convention dates, passing legislation to adjust deadlines, or pursuing litigation if necessary.
In Ohio, efforts to pass legislation or push back the certification deadline are considered unlikely, according to Chris Redfern, former chair of the Ohio Democratic Party. In Alabama, Democratic lawmakers have introduced legislation to push back the certification deadline to August 23, hoping for bipartisan support. Former Sen. Doug Jones of Alabama believes that fixing the deadline issue is important for this year and future elections and downplays concerns of election officials plotting against Democrats.
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 Alabama and Ohio. In a letter to the Alabama secretary of state’s general counsel, the campaign raised concerns about the strict application of the state deadline and hinted at potential legal action. However, Secretary of State Wes Allen maintains that state law does not allow for provisional certifications and that his office will uphold Alabama law.
Recent attempts in Democratic-led states to keep former President Donald Trump off the ballot based on his actions on January 6, 2021, have not been successful. The US Supreme Court ruled that Trump could not be removed from the ballot in Colorado or any other state. Both Democrats and Republicans are navigating state laws and deadlines to ensure that their candidates are certified for the upcoming general election, with potential legal challenges looming in some cases.
