President Joe Biden is set to not appear on Ohio’s presidential ballot in November, the state’s secretary of state confirmed.
In a letter to Ohio Democratic Chairwoman Liz Walters on Tuesday, Secretary of State Frank LaRose said, “Today, the Speaker of the Ohio House told members of the media there would not be a legislative solution,” adding he was “duty bound to instruct boards of elections to begin preparing ballots that do not include the Democratic Party’s nominees for president and vice President of the United States.”
Now that a legislatice fix is “taken off the table,” Secretary of State Frank LaRose wrote the Ohio Democratic Party today to reiterate that Biden’s name won’t appear on the ballot in November unless the Democratic National Committee takes action. pic.twitter.com/NhHYK3rt3w
— Andrew Tobias (@AndrewJTobias) May 21, 2024
The Democratic National Convention will not confirm Biden as the nominee until Aug. 19, conflicting with an Ohio law requiring presidential candidates to certify their nomination to the secretary of state’s office 90 days before the election.
The legislature is adjourned in the swing state, making it impossible to change the law by the 90-day deadline on Aug. 7.
Ohio’s Senate leaders passed a bill that addressed the problem by allowing certification 74 days before the election, but the House adjourned before taking up any version of the bill.
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The Democratic Party could still resolve the conflict by rescheduling its convention or by filing a lawsuit arguing that an arbitrary and long deadline barring Biden violates the First and Fourteenth amendments.
Biden lost Ohio to Trump by 8% in 2020. He trails the former president by nearly 10% ahead of the 2024 election.