The Ohio Secretary of State's office has issued a letter to the Democratic Party, warning that President Joe Biden might not appear on the November election ballot in 2024 unless the Democratic National Convention convenes earlier or unless statutory regulations in the state are amended or exempted.
Ohio has established a deadline of Aug. 7 for certifying presidential candidates for the general election, a date nearly two weeks prior to the Democratic National Convention, where Biden is anticipated to receive formal nomination by his party to contest against the presumptive GOP nominee, former President Donald Trump.
The Democratic National Convention, scheduled for Aug. 19 when the party formally selects its presidential candidate, surpasses Ohio's Aug. 7 deadline for certifying presidential candidates on the state ballot.
As per the letter sent from Frank LaRose, a Republican, to Ohio Democratic Party Chair Liz Walters, Ohio law mandates presidential candidates to be certified 90 days prior to the forthcoming general election, scheduled for Nov. 5 this year.
"I am left to conclude that the Democratic National Committee must either move up its nominating convention or the Ohio General Assembly must act by May 9, 2024 (90 days prior to a new law's effective date) to create an exception to this statutory requirement," Paul Disantis, chief legal counsel for the Ohio Secretary of State, wrote.
The Ohio Democratic Party confirmed receipt of the letter and indicated that they are currently reviewing its contents.
On Monday, the Biden campaign said they do not anticipate the obstacle to prevent the president from appearing on the ballot. "We're monitoring the situation in Ohio, and we're 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, when both the Republican and Democratic conventions were slated beyond the deadline window. Consequently, Ohio lawmakers endorsed a modification to the cutoff to 60 days, but it was only for that particular election.
In 2016, Trump won Ohio on his path to the presidency. He also won Ohio in 2020, but lost to Joe Biden. This made him the first losing presidential candidate Ohio had supported since it backed Richard Nixon over John F. Kennedy in 1960.
