Both Ohio and Alabama, both states controlled by the Republican Party, have expressed their reluctance to include Biden on the ballot for the upcoming November elections.
Ohio and Alabama officials have expressed concern that Joe Biden may miss the deadlines for nomination due to their respective state requirements.
Alabama’s Secretary of State, Wes Allen, issued a stern letter on Tuesday to the chair of the Alabama Democratic Party. In the letter, Allen emphasized the importance of the party officially certifying Joe Biden as its presidential candidate by August 15th. Failure to do so would result in Biden not being allowed on the November ballot.
According to Allen, the reason for this is that in Alabama, political parties are obligated to submit their certificate of nomination at least 82 days before the election, which is scheduled for November 5.
“I have made a solemn promise to uphold and protect the laws and constitution of my State, and I consider this oath to be of great importance,” Allen stated in a message sent to Business Insider. “I am fully committed to conducting Alabama elections in strict adherence to Alabama law and the designated deadlines.”
Biden has already accumulated sufficient delegates to secure the nomination for the 2024 election.
The Democratic National Convention, where Biden is set to receive the official nomination, is slated to commence on August 19th, just four days after the deadline.
In 2020, a similar situation arose during the Republican National Convention, where Trump received his official nomination. The challenge was that the convention took place after Alabama’s deadline. However, despite this issue, Trump was still able to appear on the ballot in the state. To accommodate the circumstances, the Republican-controlled legislature in Alabama passed a special bill, making a one-time exception to the deadline.
Alabama officials have the potential to repeat their actions from last year in support of the Democrats, should they choose to do so.
Ohio, governed by GOP Governor Mike DeWine, has raised concerns about the Democratic convention taking place after Ohio’s deadline of August 7.
Ohio, like Alabama, mandates that political parties submit their official nominations before the deadline in order to be included on the ballot. However, in anticipation of the 2020 election, the state made a special provision to this requirement. The Ohio Secretary of State’s spokesperson confirmed to BI that this exception was made because both the DNC and RNC conventions that year were scheduled to take place after the nomination deadline.
According to Ben Kindel, a spokesperson for the Ohio Secretary of State, this law has been in existence for a long time. He mentioned that both political parties have highly skilled attorneys who are well-compensated and capable of providing guidance on the legal obligations for ballot access.
According to Kindel, each party has the authority to set their own bylaws, organize a national convention, and establish rules for certifying candidates to the ballot. He emphasized that their office does not play a role in this process.
In a recent letter, Paul DiSantis, the chief legal counsel to the Ohio Secretary of State, addressed Ohio’s Democratic Party Chair. Within the letter, he emphasized that for Biden to be listed on the ballot, the DNC must take action by either advancing the convention date or seeking an exception from the state’s General Assembly before May 9.
The Biden campaign remains unfazed despite any concerns.
According to a statement shared with BI, the Biden campaign spokesperson confirmed that Joe Biden’s name will be included on the ballot in all 50 states. The spokesperson highlighted that state officials have the authority to grant provisional ballot access certification even before the conclusion of presidential nominating conventions.
“In 2020 alone,” the statement points out, “Democratic and Republican nominees in states such as Alabama, Illinois, Montana, and Washington were all granted provisional certification.”
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