Exploring Strategies to Ensure Biden's Presence on the Ballot in Alabama and Ohio

Democrats are looking into ways to ensure that President Joe Biden can be included on the ballot in Alabama and Ohio. This comes after Republican elections officials cautioned that he might not meet the deadline to be certified as the Democratic nominee in both states.

The offices of Ohio Secretary of State Frank LaRose and Alabama Secretary of State Wes Allen have informed Democrats that their nominating convention is scheduled too close to the general election for Biden to be included on their state ballots.

The Democratic National Convention is scheduled for August 19-22, with Ohio's certification deadline on August 7 and Alabama's on August 15. The Republican National Convention will take place from July 15-18.

In the past, when a political party's convention happens after a state's deadline for certifying nominees, states have typically either changed the deadline - like Ohio did in 2012 and 2020 - or accepted a temporary certification from the party.

The Biden campaign is urging Ohio and Alabama officials to adhere to previous practices. Washington state has already set an example by agreeing to accept a provisional certification of the Biden-Harris ticket by August 20, as stated in a letter obtained by CNN from the state's director of elections.

The Biden campaign is firm in its stance that they will be included on the ballot in all 50 states.

U.S. President Joe Biden looks on during his visit at the Chavis Community Center in Raleigh, North Carolina, U.S., March 26, 2024.

U.S. President Joe Biden looks on during his visit at the Chavis Community Center in Raleigh, North Carolina, U.S., March 26, 2024.

Elizabeth Frantz/Reuters

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Biden might not be able to be on Alabama's presidential ballot, according to the secretary of state. There are a few options being considered. One possibility is for Ohio and Alabama to extend their deadlines or allow provisional certifications that would be finalized after the conventions, similar to what Alabama did for Republicans in 2020. However, each option comes with its own set of difficulties.

In Ohio, LaRose’s office suggested to Democrats that they either relocate their convention or try to pass new laws, but both options are unlikely to happen.

Chris Redfern, who led the Ohio Democratic Party in 2012 when bipartisan legislation was passed to extend the certification deadline, does not believe that Republicans will cooperate this time. "It's highly unlikely to happen this time," he stated.

In Alabama, legislation was introduced by Democratic lawmakers in both the state House and state Senate on Thursday. The purpose of this legislation is to extend the certification deadline to August 23.

Democratic former Sen. Doug Jones of Alabama expressed hope that these bills will receive bipartisan support. He emphasized the importance of fixing this issue, as it has affected Republican candidates in the past and could potentially affect them again in the future. Jones believes that addressing this matter is in the best interest of everyone for this year and beyond.

Jones reassured that state election officials were not conspiring against Democrats. He expressed gratitude to the secretary of state for sending a letter early to address any issues.

The Biden campaign is exploring alternative options, such as conducting a virtual convention roll call for delegates to officially nominate Biden, or taking legal action.

In an April 10 letter to the Alabama secretary of state’s general counsel, Mike Jones, the campaign hinted at a legal case. The letter warned that strictly enforcing the state’s deadline could severely restrict ballot access, a point that a court would likely agree on.

The letter, written by Democratic National Committee and Biden campaign lawyer Barry Ragsdale, argued for provisional certification. It stated that this approach would prevent constitutional issues related to keeping the campaign off the ballot. The campaign also highlighted that this was the same process allowed for the Trump campaign in 2020 by Allen’s predecessor.

Allen, however, restated his belief that state law does not permit "provisional certifications."

"In a statement on January 16, 2023, I swore to uphold Alabama law, and that is exactly what I intend to do," he stated. "My office will only accept certifications that adhere to Alabama code section 17-14-31(b)."

Several Democratic-led states have been attempting to prevent former President Donald Trump, who is now the presumptive GOP nominee, from appearing on the ballot. They claim that Trump's actions on January 6, 2021, make him ineligible for public office under the 14th Amendment's "insurrectionist" ban.

However, the US Supreme Court recently ruled that Trump cannot be excluded from the ballot in Colorado or any other state.

Editor's P/S:

The potential exclusion of President Biden from the ballot in Alabama and Ohio underscores the intricate interplay between election laws, party conventions, and the constitutional right to vote. The Republican-led efforts to enforce strict deadlines raise concerns about partisan motivations and the potential disenfranchisement of voters. However, it is crucial to consider the legal and administrative challenges associated with extending deadlines or accepting provisional certifications.

The Biden campaign's determination to be included on the ballot in all 50 states reflects the importance of ensuring voter access and upholding the principles of a free and fair election. The exploration of alternative options, such as virtual conventions or legal action, highlights the complex nature of navigating election rules and the potential implications for the upcoming presidential election. It remains to be seen whether Ohio and Alabama will ultimately find a consensus that balances the state's election laws with the concerns raised by the Biden campaign.