Why Biden might not be on the Ohio ballots in presidential elections

United States’ president Joe Biden may not appear on the November 2024 presidential ballot in Ohio. A state law mandating an early certification deadline for presidential nominees has created a barrier, which, if unresolved, could result in one of the top presidential candidates in the country would not even be on the ballots as a choice for nearly 8 million voters.

We delve into the specifics of the Ohio law that is at the heart of the issue, and explain why this issue has been unresolved, while similar barriers is other states have been dealt with.

The Ohio state law and its implications

Ohio law requires political parties to certify their presidential candidates with the Secretary of State “on or before” 90 days prior to an election. This rule, adopted in 2010, has been a point of contention in past elections, though usually resolved with bipartisan cooperation.

The key issue is that the Democratic National Convention. The Democratic National Convention is an event where the Democratic Party formally nominates its presidential and vice-presidential candidates. Biden is expected to be officially nominated at this convention, scheduled to begin on August 22, 2024, just 75 days before the election.

In contrast, the Republican National Convention will conclude well before Ohio’s August 7 deadline, ensuring Donald Trump’s name will appear on the ballot.

Resolutions in other states

Ohio isn’t the only state in the US. However, other states with early deadlines have found ways to accommodate the later nomination dates of the national conventions. For example, Washington state officials have agreed to accept a provisional certification of Biden’s nomination before the convention. Similarly, Alabama’s Legislature adjusted its deadline to ensure Biden could qualify for the ballot there. These adaptations show that solutions are available to mitigate such procedural conflicts.

Then why has the issue in Ohio not been resolved?

The stalemate in Ohio

Secretary of State Frank LaRose, a Republican, has indicated that he plans to exclude Biden from the ballot unless the law is changed.

Two weeks ago, the House and the Senate proposed different approaches to extending the deadline for making a fix that would push the deadline to 74 days before the election. The Senate’s bill included the ballot fix and amendments that would prohibit foreign nationals from contributing to political campaigns, and it was added to House Bill 114, a campaign child care bill. The Senate passed their bill during the May 8 session.

On the other hand, the House took Senate Bill 92, removed its previous language about last year’s special election, and replaced it with presidential nomination language, essentially creating a clean bill. However, the House adjourned before voting to approve their bill. Ohio laws generally take effect 90 days after passage. So a change to the deadline had to pass by May 9, but the Legislature wound up doing nothing, according to an essay in The Conversation.

LaRose has stated that passing the ban is the price that Democrats must fulfill to ensure that Biden is on the ballot. He also mentioned that he would otherwise enforce the law as written.

The problem with a legal battle

The Biden campaign may have to sue Ohio state if the stalemate continues. They could have a strong case, since they can argue that an arbitrary and unusually long deadline to bar a major-party presidential candidate violates voting and associational rights under the First and 14th Amendments. While Democrats could make a strong legal case, success is not guaranteed, and a protracted legal battle that last several months could ensue.

Despite these obstacles, the Biden campaign remains confident that the President will be on the ballot in all 50 states. Charles Lutvak, a spokesman for the Biden campaign, emphasised that states typically ensure that presidential nominees from both major parties are on the ballot. “Joe Biden will be on the ballot in all 50 states,” Lutvak stated. He added, “Election after election, states across the country have acted in line with the bipartisan consensus and taken the necessary steps to ensure the presidential nominees from both parties will be on the ballot. And this election is no different.”