In a potentially big snafu for the Democratic Pary in Ohio and nationally in the 2024 presidential race, the Democratic National Convention has been scheduled for August 19, twelve days after the August 7 deadline in Ohio for submitting the name of the nominee. The Ohio House and Senate attempted to pass legislation to rectify the issue, but that effort failed on Wednesday, May 8, before the deadline Ohio lawmakers were given by the Secretary of State to rectify the issue. Now, Ohio Secretary of State Frank LaRose has said Biden won’t appear on the ballot unless the DNC acts.
The ballot issue is that, under current Ohio law, the name appearing on the ballot must be certified 90 days before the November 5 election—this year, August 7. However, the problem is that the Democratic convention is scheduled for 12 days after that, August 19. Ohio Secretary of State Frank LaRose gave legislators until May 9 to fix the issue.
Writing a letter to Ohio DNC Chairwoman Liz Waiters, Secretary of State LaRose wrote, “Dear Chairwoman Walters, I write to inform you that my office still has not received communication on behalf of the Ohio Democratic Party or the Democratic National Committee that clarifies the party’s intent to comply with Ohio’s ballot access deadline.”
He continued, explaining the issue yet again, “As previously explained, the Ohio Revised Code requires a political party selecting its presidential and vice presidential candidates by nominating convention to ‘certify the names of those candidates to the secretary of state on or before the ninetieth day before the day of the general election.'”
Further explaining that issue, he said, “The conflict between the August 7, 2024 certification deadline and the date of your party’s nominating convention is well established. In my correspondence to you dated April 5, 2024, I offered two possible remedies: a change in the date by which your party formally nominates a presidential candidate or action by the Ohio General Assembly to create an exception to this statutory requirement. Today, the Speaker of the Ohio House told members of the media there would not be a legislative solution, as there is ‘just not the will to do that from the Legislature.'”
He then said that, with the deadline approaching, the DNC needs to act if Biden is to appear. He said, “With a legislative remedy taken off the table, I must remind you that the deadline is fast approaching, and the matter remains unresolved. Unless your party plans to comply with the statutory deadline, I am 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.”
He then explained that the situation is not ideal nor is it what he wants, but the DNC must act. He said, “Let me be clear that this is not an action I wish to take, as I believe it to be in the best interest of Ohio voters to have a choice between at least the two major party candidates for the nation’s highest political office. Unfortunately, however, the Ohio House of Representatives has refused to act, and the Democratic Party has so far offered no legally acceptable remedy. As the Ohio Attorney General’s office has advised my office, the Democratic Party’s offer to submit a ‘provisional certification’ by the statutory deadline ‘simply is not provided for by law,’ and ‘there is no provision in Ohio’s Election Code that would permit the Secretary to provide the Democratic Party with an alternative process’ to the one required in statute.
Concluding, he said, “Further, the General Assembly has clearly stated that “no public official shall cause an election to be conducted other than in the time, place, and manner prescribed by the Revised Code.”‘ The integrity of our elections begins with our citizenry having full faith and confidence that their chief election officer will always follow the law. As such, my office seeks a remedy that both upholds the law and serves in the best interest of the voters of our state. I trust that you will act quickly to resolve this conflict so we can move forward with clarity in preparing for the November general election. Thank you for your prompt attention to this matter.”
Watch Sen. Matt Huffman, President of the Ohio Senate GOP, discuss the ballot issue here:
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