Republican secretaries of state in Alabama and Ohio have issued a warning to President Joe Biden’s campaign, expressing concerns that Biden may not be included on the general election ballots in their respective states. This potential issue arises due to the scheduling of the Democratic Party’s convention, which is set to take place in late August, after the deadlines for submitting names to be included on the state ballots.
Late August has seen conventions held before, but what sets this one apart is the smooth resolution of any ballot access questions. Unlike previous instances, this year’s convention has managed to avoid any major controversies or fanfare. Looking at the deadlines in other states, it appears that Democrats can expect a relatively smooth process across the board.
The Biden campaign remains determined, fully confident that Joe Biden will appear on the presidential ballot in every state, regardless of any obstacles. They cite past instances where similar issues were resolved without any significant opposition, such as in Alabama, Oklahoma, Illinois, Washington, and Montana during the 2020 election. Whether Republicans will choose to cooperate with Democrats in resolving this matter by making minor adjustments to state laws remains uncertain.
In an interview with NBC News, John Merrill, a Republican and former Alabama secretary of state, expressed his belief that the typically routine process should not be influenced by political factors.
“We currently have a Democratic president, but it’s important to remember that just four years ago, we had a Republican president. The future holds the possibility of both Republican and Democratic presidents,” Merrill explained to NBC News.
“It’s important to recognize that this issue shouldn’t be championed or supported solely based on political party affiliations,” says the speaker.
The expert also mentioned that there is a possibility of both parties running into these deadlines again, as the party of the current president usually holds its convention second.
Alabama Secretary of State Wes Allen has recently issued a letter to the state and national Democratic Party, reminding them of their legal obligation to submit a certificate of nomination for the presidential and vice presidential candidates by August 15th. This deadline falls four days prior to the commencement of the Democratic convention.
In a statement released as his office made the letter public, Allen emphasized the importance of timely submission of certificates for certification and appearance on the Alabama general election ballot. He warned that failure to meet the deadline would result in no certification and exclusion from the ballot.
“I have a strong commitment to upholding and protecting the laws and constitution of my State. I take my oath very seriously. Therefore, I will ensure that Alabama elections are conducted in full compliance with Alabama law and the specified deadlines,” Allen stated in a follow-up statement to NBC News.
Both Alabama and Allen have dealt with this exact issue recently. In 2020, when the GOP was in a similar situation, state Republicans voted to extend the deadline in order to ensure then-President Donald Trump could access the ballot.
In unanimous agreement, the legislation was passed, with Allen, a state legislator at the time, among those who voted in favor. Additionally, top officials from both the Republican and Democratic parties sent Merrill’s office a “conditional” certification before the convention, stating their intention to nominate Trump and Biden respectively. These conditional certifications were included in Merrill’s 2020 candidate certifications, which can be found on the secretary of state’s website.
According to NBC News, Allen’s office did not provide a comment regarding whether he would urge his former colleagues in the Legislature to pass similar legislation to address the possible problem. However, a spokeswoman from his office did mention that they believe state law prohibits Allen from granting any provisional certification before the official nomination of the party.
A letter was written by a Democratic Party attorney in Alabama to Allen’s office, requesting the secretary to accept a provisional certification this year as well. The attorney argued that not doing so would be unconstitutional, according to a report by AL.com.
A group of Democratic lawmakers took action on Thursday by introducing legislation that aims to address the deadline issue. However, in order for the bill to pass through the GOP-controlled Legislature, bipartisan support from Republicans will be necessary.
In a surprising turn of events, John Wahl, the chair of the state Republican Party, did not show any signs of suggesting that Republicans should collaborate with the Democrats. Rather, he chose to issue a statement criticizing the Democrats for hosting their convention after the deadline, asserting that this demonstrated a “shocking disregard for Alabama’s electoral process.”
If lawmakers are unwilling to modify the deadline and Allen remains steadfast in his resistance to provisional certifications, Democrats will explore two alternative options. One possibility is to initiate legal action in order to secure ballot access. Another option is to conduct an official nomination vote prior to the Chicago convention, following the precedent set in Ohio and Alabama. The Biden campaign is optimistic that past legal cases will strengthen their position in any potential lawsuit.
A Biden campaign official responded to inquiries about the situation in Alabama and Ohio, stating that the president’s name will appear on the ballot in all 50 states.
According to an official, state officials have the power to grant provisional ballot access certification before the end of presidential nominating conventions. In fact, in 2020, states such as Alabama, Illinois, Montana, and Washington all allowed provisional certification for both Democratic and Republican nominees.
Presidential and vice presidential nominees in Ohio must meet the requirement of being “certified to the secretary of state or nominated” before the ninetieth day prior to the general election.
The deadline for the state of Ohio is August 7, which is 12 days before the Democratic National Convention begins.
In a letter dated April 5, Paul Disantis, chief counsel for Ohio Secretary of State Frank LaRose, cautioned Ohio Democratic Party Chair Liz Walters about the possibility of a deadline being overlooked.
According to Ben Kindel, spokesperson for LaRose, the Ohio Legislature made a temporary exception in 2020 for both Democrats and Republicans to hold conventions after the 90-day deadline. However, this year, the Republican party does not face any issues in this regard, as they hold significant majorities in the Ohio state House and Senate.
The question remains: Will there be enough Republican lawmakers who are willing to assist Democrats in resolving this predicament by altering the law?
According to Pat Melton, a spokesperson for Ohio state House Speaker Jason Stephens, LaRose informed the Republican speaker beforehand about his initial letter. Stephens and the House GOP leadership are currently in the process of reviewing the matter.
In an interview with NBC News, State Rep. Bill Seitz, a well-experienced Republican lawmaker, expressed his willingness to consider aligning with past practices and making the necessary change.
According to Seitz, the Republicans would appear hypocritical if they were to try to remove Biden after spending five months criticizing Colorado and Maine for attempting to remove Trump. Therefore, Seitz believes that the party should be open to the possibility of a change. Additionally, Seitz suggests that there should be a broader discussion on the rationale behind having this law in place.
State Senator Niraj Antani, a Republican, had a less charitable perspective on the matter.
Antani made it clear in a text message that there is absolutely no chance he will vote to assist Joe Biden. He firmly believes that the Democrats have been aware of this law for a long time, so the responsibility lies with them.
Ohio state Senate President Matt Huffman doesn’t think that legislation is necessary to address the issue.
“I believe the national committee should not delay in informing the state of Ohio about their chosen candidate,” he told reporters on Wednesday. “Therefore, we will patiently await the guidance of the Democratic leaders on how to address this matter.”
Democratic lawyer Donald McTigue, who is based in Ohio, recently sent a letter to LaRose’s chief counsel. In the letter, McTigue made a commitment on behalf of the Democratic Party. He stated that the party will provisionally certify President Biden and Vice President Harris as the Democratic nominees by the August 7 statutory deadline. Additionally, McTigue mentioned that the party will confirm the results of the Democratic National Convention and submit them to the Secretary of State by August 25, 2024.
According to Kindel, the letter is still being reviewed by the secretary of state’s office.
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