Will Joe Biden Be on the Ballot in Ohio or Not?

A procedural conflict in Ohio’s election law could potentially leave Biden’s name off the state’s November ballot. Here’s what we know.

Joe Biden’s path to receiving his party’s presidential nomination for the second time has been a relatively smooth one, despite low-performing challengers and calls for him to step aside. But a procedural quirk in Ohio’s laws has raised questions over whether the sitting president will be listed on the state’s general-election ballot, owing to the 2024 Democratic national convention coming weeks after Ohio’s August deadline for certifying candidates. Though conflicts like this have been easily solved with a quick legislative fix, some Republican lawmakers in the state don’t seem particularly inclined to help Biden — putting them at odds with Mike DeWine, Ohio’s Republican governor. Here’s what we know about where things stand.

What does the law say?

According to Ohio law, the names of presidential candidates must be certified to the secretary of State no less than 90 days prior to the general election. This year, Chicago is set to host the Democratic convention from August 19 to 22, several weeks after the state’s August 7 deadline. This means that Biden’s official designation as the party’s presidential nominee will occur too late for his name to be certified on the state’s November ballot. This issue could be addressed by the Democratic Party opting to move its convention, a logistical unlikelihood, or by the state legislature passing a measure to change the deadline in order to accommodate the dates.

Hasn’t this happened before?

It’s not unusual for party conventions to be held in the latter part of the summer. The Ohio legislature has previously passed changes to the certification deadline in 2012 for Mitt Romney and Barack Obama’s respective August and September conventions. They did the same in 2020 when both parties held their gatherings in late August.

The ballot has also been a problem for Biden this year in Alabama and Washington State. In early May, Alabama lawmakers unanimously passed a measure to ensure Biden had access to the ballot in the state. Officials in Washington, meanwhile, expressed openness to a provision that would allow Biden to appear on the state’s ballot.

What are Ohio lawmakers doing to get Biden on the ballot?

Republican legislators continue to differ on how to address the issue. State senators added the deadline fix to a child-care bill along with an additional unrelated measure that would ban foreign nationals from contributing to state ballot measures and approved its passage. House members amended a previously passed Senate bill with its own language on the nomination process. But neither chamber has come to an agreement on the matter. “There’s just not the will to do that from the legislature,” said Ohio house Speaker Jason Stephens on Tuesday.

In April, Frank LaRose, Ohio’s secretary of state wrote a letter to Ohio Democratic Party chairwoman Liz Walters, warning her about the conflict between the certification deadline and the Democratic convention. Following Stephens’s comments, LaRose confirmed on Tuesday that Biden’s ballot situation won’t change without action from either the legislature or the party.

“As it stands today, the Democratic Party’s presidential nominee will not be on the Ohio ballot. That is not my choice. It’s due to a conflict in the law created by the party, and the party has so far offered no legally acceptable remedy,” LaRose said on X.

Then on Thursday, Governor DeWine, a Republican, took matters into his own hands, calling for a special session on Tuesday, May 28, to allow both chambers time to hash out the problem and find a solution. “Ohio is running out of time to get the sitting President of the United States on the ballot this fall. Failing to do so is unacceptable,” he said in a statement.