According to the Ohio secretary of state’s office, Joe Biden is running the risk of being left off of the general election ballot in Ohio.

Based on feedback from the GOP run state, the deadline to certify the general election candidates is August 7. The Democratic National Convention is scheduled to take place, beginning August 19. President Biden is expected to be formally nominated by the Democratic party during the event.

Ohio Chief Legal Council Warns Democratic Party Chair of Election Certification Deadline

Paul DiSantis, the chief legal counsel to Ohio Secretary of State Frank LaRose, has stated in a letter to written to state Democratic Party Chair Liz Walters, that Ohio law requires that presidential candidates be certified 90 days before this year’s general election; this year’s general election will takes place on November 5.

In the letter penned by DiSantis, he writes:

“I am left to conclude that the Democratic National Committee must either move up its nominating convention or the Ohio General Assembly must act by May 9, 2024 (90 days before a new law’s effective date) to create an exception to this statutory requirement.” 

Source: CBS News – https://www.cbsnews.com/news/biden-ohio-ballot-deadline/

Considering the deadline to certify candidates in Ohio is almost two weeks before the DNC, it would put the Democratic Party’s submission well past the deadline of 90 days prior. It is also unlikely the Party would shift the convention date to meet this requirement.

As a result of this, President Joe Biden could be left off the ballot in Ohio in November. It will be up to the Ohio state legislature to make an exception on the ballot deadline.

Biden Campaign Does Not Seem Worried About Ohio Certification Submission Date Due to Precedence

Over the weekend the Biden campaign has said that it does not expect the statute to keep the current president off of the official ballot. It should be noted that during the 2020 presidential election, both the Democratic and Republican parties faced a similar situation; both party’s conventions were scheduled outside of the deadline window.

Ohio lawmakers would end up accommodating this, by approving a change to the cutoff days for the 2020 election. 

According to a spokesperson for the Biden Campaign:

 “We’re monitoring the situation in Ohio and we’re confident that Joe Biden will be on the ballot in all 50 states.”

Source: ABC News – https://abcnews.go.com/Politics/biden-face-challenges-ohio-general-ballot/story?id=108912620

Ultimately, it will be on the Ohio general assembly to pass an exemption waiver before May 9. It is highly unlikely the Democratic National Convention will reschedule their planned dates, as the logistics alone would prove to be extremely challenging. As Ohio has shifted further right in recent years, this will be an important focus for the Democratic Party.