President Joe Biden’s path to the state presidential ballots may encounter another hurdle, as Alabama’s leading elections official declared on Tuesday that the president and vice president might not meet the state’s certification deadline for nominees due to the Democratic National Convention’s schedule.
Wes Allen, Alabama’s Republican Secretary of State, communicated to Alabama Democrats and the Democratic National Committee that state law mandates parties to submit a “certificate of nomination for President and Vice President” a minimum of 82 days prior to the November 5 election, which falls on August 15. However, the Democratic convention, where delegates officially choose the party’s nominees for president and vice president, commences on August 19, four days post the deadline.
In his letter, Allen stated, “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.”
This notice from Allen echoes a similar one from Ohio’s secretary of state’s office last week. Ohio also has a certification deadline preceding the Democratic convention. The chief legal counsel for the Ohio secretary of state informed Democrats that the DNC would either need to adjust its nominating convention date or the state Legislature would need to establish an exemption to Ohio’s requirement.
When asked for a comment on the Alabama situation, a spokesperson for the Biden campaign confidently stated, “Joe Biden will be on the ballot in all 50 states.” The spokesperson further explained, “State officials have the ability to grant provisional ballot access certification prior to the conclusion of presidential nominating conventions. In 2020 alone, states like Alabama, Illinois, Montana, and Washington all allowed provisional certification for Democratic and Republican nominees.”
However, the Alabama Secretary of State’s office refuted this claim. A spokesperson for the office clarified, “Under Alabama law, there are no ‘provisional certifications’ for candidates. All candidates must comply with current Alabama law to gain ballot access.”
In 2020, Alabama’s GOP-controlled Legislature passed a law to “accommodate the dates of the 2020 Republican National Convention,” adjusting the state’s certification deadline for parties from 82 days before the election to 75 days that year. The 2020 Republican convention, which nominated President Donald Trump for a second term, was held from August 24-27, and the general election took place on November 3.
Contributions to this report were made by CNN’s Ethan Cohen and Samantha Waldenberg.