President Biden could be removed from the ballot in Ohio this fall unless the state's Republican-dominated Legislature creates an exception to the ballot deadline or the Democratic Party advances its convention, according to the office that oversees state elections.
The deadline set by the state of Ohio to certify presidential candidates for the general election is August 7, nearly two weeks before the Democratic National Convention, at which Biden is expected to be nominated to run against his Republican rival, Donald Trump.
Ohio law requires that presidential nominees be certified 90 days before the general election, scheduled for Nov. 5 of this year, said in a letter written last week by Paul DeSantis, chief legal adviser to Republican Secretary of State Frank LaRose.
“Please contact me as soon as possible to provide me with any information that can confirm this office’s compliance with Ohio law in a timely manner,” the letter said.
The Biden campaign said Monday that it does not expect this hurdle to keep the president off the ballot.
“We are monitoring the situation in Ohio, and we are confident that Joe Biden will be on the ballot in all 50 states,” the campaign said in a statement.
A similar situation arose before the 2020 presidential election. In this case, the Republican and Democratic caucuses were scheduled outside of the deadline, so Ohio lawmakers agreed to change the deadline to 60 days — but only for that election.
The letter sent to Ohio Democratic Party Chairwoman Liz Walters said the Legislature would need to act by May 9 to create an exception to the 90-day deadline or Democrats would need to move up their caucus, something that may seem unlikely.
Messages seeking comment were left with Walters and the state party Monday.
Trump won Ohio in 2016 on his way to the White House and won it again in 2020, when he lost to Biden, becoming the first losing presidential candidate supported by Ohio since it sided with Richard Nixon against John F. Kennedy in 1960.
Sieur and Levy write for The Associated Press. Levy reported from Harrisburg, Pennsylvania.
