The Legal Tussle Over Biden’s Name in the Buckeye State

The deadline for political parties to nominate their presidential candidates has become a pressing issue in Ohio, as the state’s Secretary of State warns President Joe Biden may not qualify for the general election ballot unless Democrats find a legally acceptable solution. According to Ohio law, the deadline is 90 days before the general election. This year, Election Day falls on November 5th, which makes the deadline August 7th. Once passed and signed by the governor, Ohio bills typically take 90 days to become law unless they are accompanied by an emergency clause.

President Biden is expected to be formally nominated for reelection at the Democratic National Convention, taking place from August 19th to 22nd in Chicago. In April, Ohio Secretary of State Frank LaRose wrote a letter to state Democrat officials warning that President Biden might not qualify for the general election ballot unless Democrats adjust their convention date or convince Republicans to change state law by May 9th.

Both chambers of the Republican-controlled state House and Senate appeared on the verge of passing a legislative fix to President Biden’s ballot issue, but they could not reach an agreement and opted not to pass emergency legislation that would have allowed President Biden to appear on the ballot. State House Speaker Jason Stephens, a Republican, told reporters on May 21st that lawmakers would not find a resolution in time to adjust the state law.

In a letter to Liz Walters, who is chairwoman of the Ohio Democratic Party, Mr. LaRose wrote, “Unless your party plans to comply with the statutory deadline, I am duty-bound to instruct boards of elections to begin preparing ballots that do not include the Democratic Party’s nominees for president and vice president of the United States.” He expressed his desire to ensure Ohio voters have a choice between at least the two major party candidates.

Ohio House Minority Leader Allison Russo said she believes that President Biden will appear on the ballot, noting multiple pathways are available. Democrats may need to pursue a mini-convention or legal action to get President Biden on the Ohio general election ballot if no legislative fix is found. Meanwhile, Charles Lutvak, a spokesperson for President Biden, said in a statement that the candidate will be on the ballot in all 50 states, though he did not specify how the issue in Ohio will be addressed.

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