Democratic officials are urgently seeking solutions to ensure President Joe Biden’s inclusion on the ballot in Alabama and Ohio. This follows warnings from leading Republican election officials that Biden could miss the certification deadline to be recognized as the Democratic nominee in both states.
Ohio Secretary of State Frank LaRose and Alabama Secretary of State Wes Allen have recently informed Democrats that their summer nominating convention is scheduled too close to the general election for Biden to make the state ballots. The Democratic National Convention is set for August 19-22, while Ohio’s certification deadline is August 7 and Alabama’s is August 15. The Republican National Convention, on the other hand, will take place from July 15-18.
Historically, when a party’s nominating convention falls after a state’s deadline for certifying nominees, states have either adjusted their laws to extend the deadline, as Ohio did in 2012 and 2020, or accepted a provisional certification from the party. The Biden campaign has urged Ohio and Alabama officials to adhere to past practices.
Washington state is currently following this precedent. In a letter obtained by CNN, the state’s director of elections informed the Democratic National Committee that it would accept a provisional certification of the Biden-Harris ticket by August 20. The Biden campaign remains confident that it “will be on the ballot in all 50 states” and has proposed several solutions.
Ohio and Alabama could extend their deadlines or accept provisional certifications that would be confirmed after the conventions, as Alabama did in 2020 for Republicans. However, each option presents its own set of challenges.
In Ohio, LaRose’s office suggested Democrats either reschedule their convention or pass legislation, both of which are unlikely. Chris Redfern, former chair of the Ohio Democratic Party, expressed doubt that Republicans would cooperate in this matter.
In Alabama, Democratic legislators in the state House and state Senate introduced a bill on Thursday to push back the certification deadline to August 23. Former Democratic Sen. Doug Jones of Alabama expressed hope for bipartisan support for the bills, citing past instances where Republican candidates faced similar issues.
Other strategies being explored by the Biden campaign include conducting a remote version of the convention roll call, where delegates would formally nominate Biden, or pursuing legal action. The campaign hinted at a potential lawsuit in an April 10 letter to the Alabama secretary of state’s general counsel, Mike Jones, arguing that strict adherence to the state’s deadline would severely restrict ballot access.
However, Allen maintained his position that state law does not permit “provisional certifications.” He emphasized his commitment to upholding Alabama law and stated that his office would accept all certifications that comply with Alabama code section 17-14-31(b).
The recent developments in Ohio and Alabama come in the wake of attempts in several Democratic-led states to keep former President Donald Trump, now the presumptive GOP nominee, off the ballot. Advocates argued that Trump’s actions on January 6, 2021, rendered him ineligible for public office under the 14th Amendment’s “insurrectionist” ban. However, the US Supreme Court ruled last month that the former president could not be removed from the ballot in Colorado or any other state.