President Joe Biden may be barred from appearing on a second state’s presidential ballot in November due to conflicts between state election law and the timing of the Democratic National Convention. According to Alabama’s Secretary of State Wes Allen (R), state law requires a “certificate of nomination” for the nominated president and vice president at least 82 days before the election, currently scheduled for November 5. However, the Biden re-election campaign won’t be able to provide the certification until the party’s convention, which is set to begin after the deadline on August 19.
In a letter, the Alabama Secretary of State urged the state’s Democratic Party and the Democratic National Committee to adhere to the legal deadline. Allen made it clear that he will not be able to certify the Democratic Party’s nominees for the November 2024 election if the necessary paperwork is not submitted in time.
The Biden campaign faces a similar situation in Ohio. In a letter to the state’s Democratic Party Chairwoman Liz Walters, Ohio Secretary of State Frank LaRose (R) warned the scheduled national convention date is over a week past the August 7 deadline for certifying candidates for the ballot.
Despite the candidate certification timing issues in both states, the Biden campaign says they are confident the 81-year-old Democrat incumbent will appear on all 50 state ballots. In response to the convention timing problem, they are advocating for provisional ballot access certification before the conclusion of the presidential nominating convention. The campaign notes this has been allowed in Alabama, Illinois, Montana, and Washington. However, the Alabama Secretary of State asserts that state election law does not offer ‘provisional certifications’ for candidates.