Biden may have trouble getting on Ohio's general election ballot, state's top election official warns

[riversedge]

Source: nbc



In a letter to Ohio’s Democratic Party chair, Secretary of State Frank LaRose warns that the Democratic National Convention will take place after a state deadline to declare a candidate.

Updated April 6, 2024, 1:43 PM CDT By Emma Barnett and Alexandra Marquez

Ohio’s secretary of state on Friday signaled that the Democratic National Convention may take place too late for President Joe Biden to appear on the general election ballot in the state, according to a letter obtained by NBC News.

“The Democratic National Convention is scheduled to convene on August 19, 2024, which occurs more than a week after the August 7 deadline to certify a presidential candidate to the office,” Secretary of State Frank LaRose wrote to Ohio Democratic Party Chairwoman Liz Walters.

........................


In the note, LaRose goes on to say that the oversight can be rectified in two ways: either by the Democratic Party moving up its nominating convention or by getting the Ohio state legislature to “create an exemption to this statutory requirement” by May 9 in accordance with state law.




Read more: https://www.nbcnews.com/politics/2024-election/biden-may-trouble-getting-ohios-general-election-ballot-rcna146706

---

This best get cleared up pronto!

Link to tweet

[Bayard]

1. Its not like he led an insurrection.....

[Hikerchick57]

20. Release the flying monkeys in Ohio

[KPN]

2. Hmmm. The Dem National Convention was on August 17 in 2020 and this was not a problem.

So the Rs passed a law that moved the deadline for ballot access to August 9 knowing the D convention was scheduled for Aug. 19 in 2024? Fuck'Rs. When was this law passed?

[24601]

35. Here is a link to the Ohio Law. It was effective as of Feb 5th, 2014.

https://codes.ohio.gov/ohio-revised-code/section-3505.10

[LisaL]

39. Then how come this wasn't an issue in 2020?

Democratic National Convention was in August in 2020.

[KPN]

54. Yeah , the nomination was on August 20th I believe.

[LeftInTX]

56. Covid. Governors wrote executive orders that suspended/amended parts of the election code.

In Texas, Abbott moved the primary runoff from May to July. He added extra weeks of early voting to both the runoff and general election. This was done because the state was under emergency Covid orders.

Governors can also temporarily amend election codes during natural disasters etc.

The convention was originally scheduled to be held July 13–16, 2020,[59] On April 2, 2020, it was announced that, due to the COVID-19 pandemic, the convention would be delayed to August 17–20.[60]

[LeftInTX]

41. The law says "minor party"..In Texas minor party means, not Democratic or Republican

(3) Certified to the secretary of state for placement on the presidential ballot by authorized officials of a minor political party that has held a state or national convention for the purpose of choosing those candidates or that may, without a convention, certify those candidates in accordance with the procedure authorized by its party rules. The officials shall certify the names of those candidates to the secretary of state on or before the ninetieth day before the day of the general election. The certification shall be accompanied by a designation of a sufficient number of presidential electors to satisfy the requirements of law.

[24601]

53. While Paragraph (3) applies to minor political parties, paragraph (1) does not. Here it is verbatim:

In each of those enclosed rectangular spaces, except the space provided for write-in candidates, shall be printed the names of the candidates for president and vice-president certified to the secretary of state or nominated in one of the following manners:

(1) Nominated by the national convention of a political party to which delegates and alternates were elected in this state at the next preceding primary election. A political party certifying candidates so nominated shall certify the names of those candidates to the secretary of state on or before the ninetieth day before the day of the general election.

(2) Nominated by nominating petition in accordance with section 3513.257 of the Revised Code. Such a petition shall be filed on or before the ninetieth day before the day of the general election to provide sufficient time to verify the sufficiency and accuracy of signatures on it.

(3) Certified to the secretary of state for placement on the presidential ballot by authorized officials of a minor political party that has held a state or national convention for the purpose of choosing those candidates or that may, without a convention, certify those candidates in accordance with the procedure authorized by its party rules. The officials shall certify the names of those candidates to the secretary of state on or before the ninetieth day before the day of the general election. The certification shall be accompanied by a designation of a sufficient number of presidential electors to satisfy the requirements of law.

The deadline is the same for each category - "...before the ninetieth day before the day of the general election."

https://codes.ohio.gov/ohio-revised-code/section-3505.10

[LeftInTX]

55. Thanks...darn....What a crock...

If this law went into effect in 2014, what about the 2016 conventions?

In 2020, the date was changed due to Covid:

The convention was originally scheduled to be held July 13–16, 2020,[59] On April 2, 2020, it was announced that, due to the COVID-19 pandemic, the convention would be delayed to August 17–20.[60]

I know in Texas, the governor suspended part of the election code to allow runoffs to be held in July (instead of May) and allowed an extra week of early voting in both the runoff and general. So, I'm sure the governor of Ohio had similar executive orders.

[KPN]

57. Thanks. So the 90 day requirement was simply ignored in 2020.

[MichMan]

76. As were dozens of other election laws due to the pandemic

[msongs]

3. prez is a federal election. one suspects states cannot regulate this, only state and local elections nt

[whopis01]

18. No. The Constitution clearly gives the power

to the state legislatures to decide how their electoral candidates are chosen.

[intheflow]

51. Didn't SCOTUS just rule states can't decide

who to exclude from a ballot for federal office? That’s what I got from them overturning the Colorado SCOTUS ruling. And that’s just on Trump being the presumptive candidate. Not saying the majority wouldn’t uphold the OH law, just that it would be hypocritical to say the least.

[whopis01]

52. No. They decided states can't disqualify someone

from holding Federal office.

Colorado attempted to remove Trump from the ballot on the basis that he was disqualified from holding Federal office. The Supreme Court decided (9-0) that the states did not have the power to disqualify for Federal positions. So since he wasn’t disqualified, Colorado then had no basis for removing him from the ballot.

Every election has rules about when candidates must file, what they must do to be on the ballot, etc. and that is definitely within the states’ power to set.

[PortTack]

66. "How candidates are chosen." Has nothing to do with whether they can ban them from the ballot

[whopis01]

75. You have misquoted what I said

I assume you were trying to make it look like you were quoting me, since you put it in quotes and all.

But what I said was “how electoral candidates are chosen”, not “how candidates are chosen”.

With that said, I realize I should have used the term “electoral delegates” to be clearer.

My point being that the state legislatures are given the power to set the method by which their electoral delegates are chosen. Since they choose to do this via statewide vote, their power includes setting the regulations for that vote, which includes deadlines for candidates to register.

In this case, the state legislature is not “banning” anyone from being a candidate. They are much smarter than that. They are just putting a deadline for registration.

Every election has registration deadlines. Just in this case the Republican controlled supermajority has picked a date that is purposely inconvenient for the Democratic Party. But there is nothing legally stopping them from doing that.

[Marthe48]

4. larose will stoop to the lowest level to advance himself

Last edited Sat Apr 6, 2024, 07:23 PM - Edit history (1)

he is a rwnj turd

Actually, thinking about it, larose would have some climbing to do to get to the lowest level. Be like scaling Mt. Everest after he crawled out from under a rock.

[ananda]

5. OK Dems, move the convention up, right now.

Period

[patphil]

6. The last Democratic primary for President appears to be June 4th.

It should be simple to move the convention date up 4 weeks or so into July.
After all, it's a foregone conclusion that Joe Biden is the candidate.
Anyone who thinks the Ohio State Legislature will create an exemption is simply not rational.
They would love to keep Biden/Harris off the ballot. Not only would it be an uncontested win for the electoral votes, and deny Biden/Harris millions of popular votes, but it would hurt down ballot races.
Also, it would be a huge propaganda win for the Republicans. Imagine the headline, "Democrat Stupidity costs Biden spot on Ohio Presidential ballot".

I never want to see that headline.

[LeftInTX]

10. The convention was planned three years ago. No way, can they change it.

Each state also has their own convention first. Those conventions determine the delegates to the national convention. We had our primary March 5th, but our convention is June 6-8.

[progressoid]

15. So we should hope that the GOP controlled Ohio state legislature will grant an exemption?

Gosh, I wonder if they would be so magnanimous...

[PatrickforB]

17. This doesn't seem like a hill we ought to die on. Might be better to swallow our misguided pride

in favor of reality and make a sweeping victory happen. THEN we can clean house.

But for now, let's just be on the ballot, shall we?

[LeftInTX]

21. We have to get delegates from all 50 states at a new site with 2 months planning?

Have you ever planned a national convention?

Texas is struggling because they planned their state convention at El Paso instead of a larger city. Texas booked El Paso two years ago.

Convention centers are booked all over the country. We can't go to podunk. There are too many delegates, events etc.

[patphil]

24. They could hold the convention on the mall in DC for all I care.

Given that Biden has the nomination wrapped up, there is only two things to do.
1) make it official.
2) be sure to get on the ballot in all 50 states.

Actually what they could do is hold a pre-convention meeting on the internet, and make the Biden/Harris ticket official. After that they could still have the main convention to settle everything else.
It's a matter of priorities here, and this time the convention itself is a lot lower on the list than getting on the ballot.

[LeftInTX]

43. Here's the law:

(3) Certified to the secretary of state for placement on the presidential ballot by authorized officials of a minor political party that has held a state or national convention for the purpose of choosing those candidates or that may, without a convention, certify those candidates in accordance with the procedure authorized by its party rules. The officials shall certify the names of those candidates to the secretary of state on or before the ninetieth day before the day of the general election. The certification shall be accompanied by a designation of a sufficient number of presidential electors to satisfy the requirements of law.
__________________

The Democratic Party is not considered a "minor party". Minor party: Green and Libertarian

[patphil]

45. What does that mean?

[LeftInTX]

47. Green or Libertarian Party

Democratic Party is considered a major party in Ohio

[LisaL]

46. Apparently to OH SOS,

Democratic party is a minor political party, since he is claiming that Biden will have issues getting on the ballot.

[LeftInTX]

48. I think he's full of it. I saw their laws and clearly both the GOP and Democratic Party are discussed

They outlined out how the Democrats would determine delegates with one set of rules and how the Republicans would determine delegates with another set of rules. (Rules that are determined by both political parties)
No other political party delegate rules were mentioned.

[pnwmom]

71. Source? That isn't the wording of the law quoted in the letter to the Democrats.

https://www.cleveland.com/news/2024/04/president-joe-biden-might-not-be-on-the-ohio-ballot-this-november-state-election-official-warns.html

Ohio Revised Code 3505.10(B)(1) requires the ballot to include presidential candidates certified to this office who were “…[n]ominated by the national convention of a political party to which delegates and alternates were elected in this state at the next preceding primary election. A political party certifying candidates so nominated shall certify the names of those candidates to the secretary of state on or before the ninetieth day before the day of the general election.”

[LeftInTX]

73. I was wrong. I hadn't read all of that law.

In each of those enclosed rectangular spaces, except the space provided for write-in candidates, shall be printed the names of the candidates for president and vice-president certified to the secretary of state or nominated in one of the following manners:

(1) Nominated by the national convention of a political party to which delegates and alternates were elected in this state at the next preceding primary election. A political party certifying candidates so nominated shall certify the names of those candidates to the secretary of state on or before the ninetieth day before the day of the general election.

(2) Nominated by nominating petition in accordance with section 3513.257 of the Revised Code. Such a petition shall be filed on or before the ninetieth day before the day of the general election to provide sufficient time to verify the sufficiency and accuracy of signatures on it.

(3) Certified to the secretary of state for placement on the presidential ballot by authorized officials of a minor political party that has held a state or national convention for the purpose of choosing those candidates or that may, without a convention, certify those candidates in accordance with the procedure authorized by its party rules. The officials shall certify the names of those candidates to the secretary of state on or before the ninetieth day before the day of the general election. The certification shall be accompanied by a designation of a sufficient number of presidential electors to satisfy the requirements of law.

The deadline is the same for each category - "...before the ninetieth day before the day of the general election."

https://codes.ohio.gov/ohio-revised-code/section-3505.10

[pnwmom]

74. You're not the only one who made that mistake; I'd seen it before somewhere.

So then I went looking till I found the letter.

Darn. I wish you'd been right!

[Traurigkeit]

32. No convention leads to no money for Ohio based businesses ...

and to think ONCE the Republicans Party was the "Party for Business"

DNC can just put in the paperwork on Monday, August 5th, 2024 and cancel the convention.
no extra money for businesses in Ohio due to the Republcian Party in Ohio.

[MichMan]

77. The Democratic convention is in Chicago

Not understanding why Ohio would lose business.

Why would the DNC hire Ohio businesses for a convention in Illinois?

[yardwork]

63. It's impossible to change the convention date now.

Ohio knows this.

[DemocraticPatriot]

72. Seems like the DNC could just "declare" Biden to be the candidate after that date,

rendering the convention vote to be 'ceremonial'....

Fucking Ohio Republicans, someone should drop a house on them!

[The Bopper]

7. That's how

they do it in Russia and Communist China, why would anyone be surprised.

[C_U_L8R]

8. I am so tired of Republican bullshit.

These corrupt assholes deserve to be shot into space to live on a dismal asteroid where they won't bother anybody anymore. What total shitheels.

[lordsummerisle]

28. The Dismal Asteroids would be a great band name... n/t

[C_U_L8R]

31. Most raucous band in the galaxy.

[Nasruddin]

9. This is some BS

Most Republican conventions in the past few decades wouldn't have qualified either.
One of them at least ran into September.

[mackdaddy]

11. So when was this deadline moved to August 7th? The last four DNC conventions were held after that date at least.

Sounds like some Ohio Republican Fuckery again.

[oasis]

26. Ken Blackwell lives.

[orleans]

33. not the last four but close enuf

2000: aug 14 - 17
2004: july 26 - 29
2008: aug 25 - 28
2012: sept 4 - 6
2016: july 25-28
2020: orig. scheduled july 13 - 16 but was changed due to covid to aug. 17 - 20


i couldn't find out when they changed that fucking law/rule or whatever those assholes are calling it

[LeftInTX]

64. 2014

[calimary]

44. Another Republican dirty trick?

Or an attempted dirty trick?

[ZonkerHarris]

12. SoS of Ohio is a GOP fuckwad.

[Hope22]

13. True words. N/t

[oasis]

27. Worse than Ken Blackwell.

[AverageOldGuy]

14. Is the problem the National or state convention?

If it’s the state convention, hold it via ZOOM tomorrow and screw the Ohio Sec Stsre.

[LeftInTX]

36. National

[TexasDem69]

16. Does anyone here thing Biden is going to win Ohio?

This is bullshit, but those electoral college votes are going to Trump in any event.

[LeftInTX]

22. It's important that he is on the ballot. It's essential for down ballot races.

[LisaL]

38. Exactly.

Sherrod Brown is running for re-election.

[patphil]

25. The abortion question makes Ohio a possible win.

But, more importantly, it's the down ballot elections, like for senate, that are at stake and could cost us big time at the Federal and State levels if the Presidential race isn't on the ballot.
Also, in 2020, Biden/Harris got over 2.6 million votes in Ohio. We can't lose that many votes!
It'd be devastating to the Democratic Party to not be on that ballot.

[Hermit-The-Prog]

34. That is defeatist bullshit.

[Hikerchick57]

19. I say move up the DNC convention and then make it an issue, don't trust the legislative body...

[NanaCat]

49. Do you have any idea how much planning it takes

To hold a convention like that?

Do you seriously think adequate venues are available at this late date?

It's not as easy as saying, ooh, let's have our convention here, and never mind who else has booked the facility, or a zillion other details about security, stage setups, musics, speakers, and so on.

Something like this takes much longer than a few months to plan.

[RandomNumbers]

67. Then some bright minds had better get working.

I'm pretty sure some of these people (who would have to make the plans) make more money than I do. And I have about sixteen ideas already I could put on the table. Sure they aren't all good ideas but a funny thing happens when smart people HAVE to do something and they start kicking around ideas - they find a way.

[myohmy2]

23. okay...

"2024 Republican National Convention/Date Mon, Jul 15, 2024 – Thu, Jul 18, 2024"

...let's have our Democratic National Convention Monday July 15 , 2024 - through July 18, 2024...

...the battle of the conventions...

...if our funding raising pace continues we should be able to put on a much better show...

...

[keopeli]

29. The incumbent's primary is always at end of Aug or early Sep. This mess is deliberate. GOP shenanigans.

[LisaL]

40. Clearly.

And in 2020 somehow this wasn't an issue, even though the Democratic convention was in August.

[wanderer54]

30. Independent candidates

Isn't the 7aug date a deadline for INDEPENDENT candidates
Not the Democratic nor the Republican Parties

[LeftInTX]

42. Yes, that's what the law says

(3) Certified to the secretary of state for placement on the presidential ballot by authorized officials of a minor political party that has held a state or national convention for the purpose of choosing those candidates or that may, without a convention, certify those candidates in accordance with the procedure authorized by its party rules. The officials shall certify the names of those candidates to the secretary of state on or before the ninetieth day before the day of the general election. The certification shall be accompanied by a designation of a sufficient number of presidential electors to satisfy the requirements of law.

[intheflow]

59. The wording is vague enough that it could be interpreted

as the minor party being the party not in majority rule of the state. The intent might have been ”third party” or “independent party,” but English is tricky and this could be taken as Biden being in a minor party.

[LeftInTX]

61. It means not Democratic or Republican.

Unfortunately, someone pointed out that the law also includes the major parties:

(1) Nominated by the national convention of a political party to which delegates and alternates were elected in this state at the next preceding primary election A political party certifying candidates so nominated shall certify the names of those candidates to the secretary of state on or before the ninetieth day before the day of the general election.


Primary election: refers to Democrats and Republicans.

Usually Green and Libertarian do not hold primaries. They are nominated via conventions etc. Some parties don't even have conventions, but simply use petitions.

[Orrex]

37. Maybe they'll all get Raptured up on Monday.

[NanaCat]

50. What the aftermath of that would look like

[bigmonk]

58. Or maybe

The delegates could have a zoom meeting, vote early, nominate Biden and then have the convention when scheduled. They could celebrate then and have show vote.

[markodochartaigh]

62. Exactly.

Frame it that "All of the state primaries have been held and the people have decided on our nominees". Then the convention could be an extravaganza to whip up political support. It might also circumvent some of the turmoil that Chicago saw in 1968.

[Javaman]

60. Basically political blackmail.nt

[Enquiring_Mind]

65. GOP trifecta in Ohio

Republican Party controls the offices of governor, secretary of state, attorney general, and both chambers of the state legislature.

I do have to say Gov. DeWine isn't batshit crazy, but I'm not sure if/what he could do himself.

[Wuddles440]

78. Disagree!

DeWine is a weasel. Don't be fooled by his grandfatherly demeanor because he's an absolute phony and just as hardcore as the rest of the GOPpers in Ohio.

[question everything]

68. Can they write him in?

[orangecrush]

69. Pitchfork time

[relayerbob]

70. Technically there is no legal requirement that I know of

That requires a convention. It’s a tradition, the Constitution doesn’t even provide for parties. Since this is a practically uncontested primary, just have the delegates vote early and hold the convention on time. Or just have the DNC declare he’s the winner.