CNN
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Democrats are exploring options to get President Joe Biden on the ballot in the state after Republican election officials warned that he would miss a deadline to have him certified as the Democratic nominee in both states. ing.
Over the past week, the offices of Ohio Secretary of State Frank LaRose and Alabama Secretary of State Wes Allen have informed Democrats that this summer's nominating conventions are too close to the general election for Mr. Biden to be on the ballot in their states.
The Democratic National Convention will be held from August 19th to 22nd. Ohio's certification deadline is August 7th, and Alabama's certification deadline is August 15th. The Republican National Convention will be held from July 15th to 18th.
Historically, when a party's nominating convention is held past the state's candidate certification deadline, states either enact legislation to extend the deadline, as Ohio did in 2012 and 2020; He had to either accept provisional recognition from the party.
The Biden campaign called on officials in Ohio and Alabama to follow past precedent. One state is now following precedent: In a letter obtained by CNN, Washington state's top elections official tells the Democratic National Committee that it will accept provisional certification of the Biden-Harris ticket by August 20. did.
The Biden campaign claims that it will be on the ballot in all 50 states.
It suggests several options. Ohio and Alabama could extend the deadline or accept provisional certification to be confirmed after the party conventions, as Alabama did for Republicans in 2020. Each comes with its own challenges.
In Ohio, LaRose's office recommended that Democrats either move their convention or pass a bill, both of which are unlikely.
Chris Redfern, who was the leader of the Ohio Democratic Party in 2012 when a bipartisan bill to extend the certification deadline was enacted, said he doesn't expect Republicans to reach across the aisle now. Ta. “That's certainly not going to happen this time,” he said.
In Alabama, Democratic lawmakers in the state House and Senate introduced a bill Thursday that would extend the certification deadline until Aug. 23.
“These two bills have bipartisan support because it's happened before with Republican candidates and could happen again,” said former Democratic Sen. Doug Jones of Alabama. I'm looking forward to it.” wrote on social media. “It is in everyone’s interest to resolve this issue this year and into the future.”
Jones downplayed concerns that state election officials were conspiring against Democrats and thanked the secretary of state for sending the letter “in sufficient time to remedy the situation.” He said he is doing so.
Other options being considered by the Biden campaign include holding a remote version of the convention roll call when delegates formally nominate Biden, or pursuing litigation.
The campaign hinted at the lawsuit in an April 10 letter to Mike Jones, general counsel for the Alabama Secretary of State. The paper warned that it would be almost difficult for a court to find that “rigorous application” of state deadlines would “impose severe restrictions” on access to ballots.
Barry Ragsdale, a lawyer for the Biden campaign at the Democratic National Committee, argued in a letter that the campaign “avoids the constitutional issue” of having the campaign removed from the vote by providing provisional certification, which is due to Allen's He pointed to the same process his predecessor allowed for the Trump campaign. 2020.
But Allen reiterated his position that state law does not allow for “provisional certification.”
“On January 16, 2023, I took an oath to uphold the laws of the state of Alabama, and that is what I intend to do,” he said in a statement. “My office accepts all certifications that comply with Section 17-14-31(b) of the Alabama Statutes.”
The latest moves in Ohio and Alabama follow attempts by several Democratic-led states to keep former President Donald Trump, now the presumptive Republican nominee, from voting. Supporters argued that Trump's actions on January 6, 2021, rendered him ineligible to hold public office under the 14th Amendment's “insurrectionist” ban.
The U.S. Supreme Court ruled last month that former presidents cannot be removed from ballots in Colorado and other states.