Ohio’s governor is urging state lawmakers to prevent a partisan conflict that could block President Joe Biden from appearing on the swing state’s presidential ballot in November.
Earlier this week, Ohio’s top election official indicated that Democrats are nominating their candidate too late to meet the state’s ballot access laws.
These issues have typically been resolved quietly in the past, but the Biden campaign might need to sue to get on the ballot.
On Thursday, Governor Mike DeWine announced a special legislative session to pass a law allowing Biden on the ballot.
Ohio requires political parties to confirm their presidential and vice-presidential nominees to the elections chief at least 90 days before the general election, setting a deadline of August 7. However, the Democratic National Convention, where Biden and Kamala Harris will be officially nominated, is scheduled for August 19-22.
“The conflict between the August 7, 2024 certification deadline and the date of your party’s nominating convention is well established,” Secretary of State Frank LaRose wrote to Ohio Democratic Party leaders. He warned that unless Democrats comply, he would instruct election boards to prepare ballots excluding the Democratic nominees.
In contrast, the Republican National Convention is set for July 15-18, well before the deadline, so former President Donald Trump will not face this issue.
Governor DeWine, a moderate Republican, criticized the situation as “ridiculous” and “absurd,” stressing the urgency of ensuring Biden’s place on the ballot. “Failing to do so is simply unacceptable,” he said.
Although similar certification deadline conflicts are usually resolved without issue—like earlier this year in Washington state and Alabama—Ohio’s Republican House Speaker Jason Stephens stated there is no legislative will to fix this.
The Biden campaign remains confident, with spokesperson Charles Lutvak assuring that Biden will appear on the ballot in all 50 states. However, with legislative action off the table, Biden might need to pursue legal action.
Ohio, traditionally a swing state, has leaned more conservative in recent years, with Trump winning by significant margins in both 2016 and 2020. This ballot conflict follows another partisan clash earlier this year, where efforts in Colorado, Illinois, and Maine to bar Trump from the ballot under a Civil War-era insurrection clause were ultimately overturned by the US Supreme Court.