Alabama officials have recently passed legislation to allow President Joe Biden to appear on the state’s November ballot by pushing back the certification deadline. This decision comes less than a month after the Republican secretary of state warned that Democrats may miss the deadline due to the timing of their national convention conflicting with the state’s requirements. Governor Kay Ivey signed the bill into law, giving Democrats the necessary time to submit Biden’s name after he officially becomes the nominee at the national convention.
The bill was passed by the state House and Senate, both of which have Republican majorities. This action resolves a potentially contentious situation that could have led to legal battles between Democrats and state officials. The secretary of state, Wes Allen, had issued a warning to state Democrats and the Democratic National Committee about the deadline conflict, following a similar situation in Ohio where the deadline had been flagged due to the convention timing.
In the past, similar issues have been resolved by either adjusting the certification deadline through legislation or accepting provisional certifications from political parties. However, Allen has stated that state law does not allow for provisional certification, leading to uncertainty in Ohio where officials have stated they will not accept such certifications. Republican State Senate President Matt Huffman has expressed confidence that Biden will be on the ballot in Ohio, whether through legislative action or involvement of federal courts.
Historically, the issue of certification timing has been addressed by passing legislation to change the deadline. In Ohio, a legislative fix would need to be enacted by May 9 in order to ensure Biden’s presence on the ballot. Huffman referenced a Supreme Court decision in March that allowed former President Trump to remain on the ballot in Colorado despite a state court ruling against him, indicating that federal courts could intervene to ensure Biden’s inclusion on the ballot in Ohio.
Overall, the decision in Alabama to adjust the certification deadline and allow Biden’s inclusion on the ballot has resolved a potential conflict between state requirements and the timing of the Democratic national convention. Similar issues in Ohio are still being addressed, with lawmakers considering legislative fixes to ensure that the Democratic nominee appears on the ballot in the state. The involvement of federal courts may also play a role in determining the outcome.
