Washington state has recently followed the lead of Ohio and Alabama in indicating that President Joe Biden might not be included on their general election ballots. This is due to conflicts between the dates of the Democratic National Committee’s nominating convention and the state’s ballot deadlines. However, Washington state has already come up with a potential solution to ensure that the Democratic candidate remains eligible for the election.
The director of elections at the office of Washington’s Secretary of State sent a letter to DNC Chair Jamie Harrison, cautioning that the state’s ballot certification deadline is on August 20th. This date falls one day after the DNC convenes in Chicago to nominate their presidential and vice presidential candidates.
Republican Secretaries of State in Ohio and Alabama have recently signaled their intention to enforce state election codes in a manner that experts consider to be unprecedented and potentially partisan.
Ohio Secretary of State Frank LaRose and Alabama Secretary of State Wes Allen have informed the Democrats about similar conflicts between their state’s deadlines and the scheduling of the DNC convention in mid-August. They have cautioned that Biden’s nomination in Chicago is happening too late for them to include him on their general election ballots.
Ohio Secretary of State Frank LaRose recently raised concerns about the Democratic National Convention’s timing in relation to the state’s ballot certification deadline. In a letter sent last week, LaRose highlighted that the convention, scheduled to commence on August 19, would miss Ohio’s August 7 deadline. Similarly, Alabama Secretary of State John Merrill cautioned Democrats in his state that their August 15 cutoff would occur before the convention.
In the past, this scheduling conflict has been a recurring challenge for both parties, as a late August convention has happened multiple times. However, states have typically found ways to address this issue without resorting to banning major party candidates from their ballots. They have either granted provisional ballot access, as Washington is proposing, or have passed legislation to allow for certification extensions.
Elaine Kamarck, a senior fellow at the Brookings Institution and a member of the Democratic National Committee, expressed that the current situation is unprecedented. She stated, “This has not been something anybody has ever dealt with… [The GOP Secretaries] just cooked it up. No, this has never happened before.” Kamarck’s remark highlights the unique nature of the situation and emphasizes that the current circumstances are without precedent.
Richard Winger, a renowned expert in ballot access and political analysis, shared his agreement on the matter.
In an interview with ABC News, he acknowledged that these deadlines are not set for partisan reasons. However, he did acknowledge that this year’s situation does have a partisan element to it.
Do Democrats have a strategy to secure Biden’s spot on the ballot?
The Biden campaign, in collaboration with Democratic officials, is currently exploring strategies to secure President Biden’s presence on the ballot for Ohio and Alabama voters.
Biden’s reelection campaign has responded to the news from Ohio and Alabama, emphasizing that Joe Biden will be on the ballot in all 50 states. They have outlined their strategy to achieve this. Firstly, they plan to secure provisional certification, which involves formally notifying states before the convention that they expect Biden to be the nominee. Secondly, they aim to change the state’s election filing deadlines by working with the GOP-controlled legislatures. Thirdly, they are prepared to pursue litigation in court if necessary. Lastly, they intend to virtually nominate the Biden-Harris ticket ahead of their in-person convention.
In anticipation of the 2020 general election, the states of Oklahoma, Illinois, Washington, and Montana received provisional certifications from both the Democratic National Committee (DNC) and the Republican National Committee. Alabama also accepted a provisional certification from the Republicans to ensure the eligibility of Trump and Pence.
In 2020, the Alabama legislature decided to shift their certification deadline for that particular election to August 20, 2020. However, this was still earlier than the conclusion of the Republican convention by a week. As a result, the RNC submitted a provisional certification, which the state accepted.
The Biden campaign in Ohio is currently engaging in discussions with the Secretary’s office to determine the next steps for provisional certification.
Ben Kindel, a spokesperson for LaRose’s office, mentioned that their legal counsel is currently reviewing the letter.
Ragsdale wrote that this proposal addresses the constitutional issues that could arise if the office were to interpret Ala. Code § 17-14-31(b)’s certification deadline in a way that would prevent President Biden and Vice President Harris from being included on the Alabama general election ballot.
According to him, granting this request would give the opportunity for numerous Alabamians who are in favor of President Biden and Vice President Harris to exercise their constitutional right to actively participate in the presidential election.
Legal counsel for Secretary LaRose presented two options in their initial letter to Democrats. The first option was to move up the date of the DNC convention. Alternatively, they suggested that the state’s GOP-led legislature pass a law allowing for an extension before May 9.
According to the Biden campaign, they believe they have a “strong case” for pursuing litigation in court as one of their final courses of action.
The DNC will need to conduct a virtual vote to officially nominate the Biden-Harris ticket before their August convention.
A Biden campaign official, speaking to ABC News, emphasized the options available if the provisional certification is not carried out. The official stated that if the legislature does not cooperate, litigation can be pursued, as there is a strong case for it. However, if these efforts prove unsuccessful, the DNC can utilize a procedure to nullify the issue altogether.
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