Potential Hurdle for Joe Biden’s Presidential Ballot Certification in Alabama and Ohio
Joe Biden’s campaign faces a potential challenge in getting certified as the Democratic nominee for president on state ballots, specifically in Alabama and Ohio. The issue stems from the timing of their respective party conventions relative to their states’ certification deadlines.
Alabama’s Secretary of State, Wes Allen, sent a letter on Tuesday to Alabama Democrats and the Democratic National Committee (DNC) stating that under state law, parties must submit a “certificate of nomination for President and Vice President” at least 82 days before the November 5, 2024 election. The deadline falls on August 15, but the Democratic convention is scheduled to begin on August 19.
Secretary Allen’s letter read: “If this Office has not received a valid certificate of nomination from the Democratic Party following its convention by the statutory deadline, I will be unable to certify the names of the Democratic Party’s candidates for President and Vice President for ballot preparation for the 2024 general election.”
This issue is not unique to Alabama. Ohio’s Secretary of State also raised similar concerns, as Ohio has a certification deadline before the Democratic convention. The chief legal counsel for the Ohio Secretary of State advised Democrats that they would either need to move up their nominating convention or secure an exemption from Ohio’s requirement.
The Biden campaign responded, stating that “Joe Biden will be on the ballot in all 50 states.” The campaign official argued that “state officials have the ability to grant provisional ballot access certification prior to the conclusion of presidential nominating conventions. In 2020 alone, states like Alabama, Illinois, Montana, and Washington all allowed provisional certification for Democratic and Republican nominees.”
However, the Alabama Secretary of State’s office disputed this contention. A spokesperson for the office stated, “Under Alabama law, there are no ‘provisional certifications’ for candidates. All candidates must comply with current Alabama law to gain ballot access.”
In 2020, Alabama’s GOP-controlled Legislature passed a law to accommodate the dates of the Republican National Convention. The certification deadline for parties was shifted from 82 days before the election to 75 days that year. The 2020 Republican convention, which nominated President Donald Trump for a second term, was held from August 24-27, and the general election took place on November 3.
This situation highlights the importance of party conventions and certification deadlines in the electoral process. Party nominees must comply with state laws to ensure their names appear on ballots, and any discrepancies could lead to legal battles or delays in the electoral process.