COLUMBUS, Ohio — Ohio Secretary of State Frank LaRose’s office sent a letter to Democratic officials Friday warning that President Joe Biden’s name could be left off the state’s ballot due to the timing of their nominating convention.
“The Democratic National Convention is scheduled to convene on August 19, 2024, which occurs more than a week after the August 7 deadline to certify a presidential candidate to this office,” the letter to Ohio Democratic Chairwoman Liz Walters says in part.
According to the letter, Ohio Revised Code 3505.10(B)(1) required the general election ballot to include presidential candidates certified to this office who were “…[n]ominated by the national convention of a political party to which delegates and alternates were elected in this state at the next preceding primary election. A political party certifying candidates so nominated shall certify the names of those candidates to the secretary of state on or before the ninetieth day before the day of the general election.”
If the Democratic National Committee does not move up its nominating convention, the Ohio General Assembly has 90 days before a new law’s effective date, which would be May 9, 2024, to act and create an exception to the statutory requirement.
University of Cincinnati Political Science Professor David Niven said the DNC could also fix the problem by making a technical move. The Democrats could officially nominate the president before the Ohio deadline then still hold the convention as scheduled on Aug. 19.
"It's almost like the Oscars doesn't show you every award for the technical achievements," Niven said. "It would almost be like that, an off-camera ceremony for the purposes of designating President Biden the nominee to comply with this law, and not even give the legislature the chance to fail to pass emergency legislation."
The Republican National Convention is before the Ohio deadline so there is no issue with timing for the GOP and former President Trump.
A spokesman for the Ohio Democratic Party told 10TV on Monday they are looking into the issue.
10TV also reached out to House Republican leadership about the possibility of making that exception to allow Biden on the ballot. A spokesperson said leadership is reviewing and looking into it.
The legislature did make an exemption in 2020 when both parties' national nominating conventions were held after the Ohio deadline.
LaRose’s office concluded the letter by asking for communication to assure the office of “timely compliance with Ohio law.”
Representative Allison Russo, Ohio House of Representatives Minority Leader, and Senator Nickie Antonio, Ohio Senate Minority Leader, were copied on the letter.
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