This predicament arises from the clash between the state's deadline for certifying presidential candidates and the date of the Democratic National Convention.
Ohio's GOP-led legislature has set an August 7 deadline for the certification of presidential candidates for the general election. This date is nearly a fortnight before the Democratic National Convention, where Biden is anticipated to receive his party's formal nomination to challenge the presumptive GOP nominee, former President Donald Trump. It is improbable that the Democratic Party will adjust the convention's date.
Paul DiSantis, the chief legal counsel for GOP Ohio Secretary of State Frank LaRose, addressed this issue in a letter to Liz Walters, the state Democratic Party Chair, last week. DiSantis stated, "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 this office." He further added, "Therefore, pending further clarification, I am left to conclude that the Democratic National Committee must either move up its nominating convention or the Ohio General Assembly must act by May 9, 2024 (90 days prior to a new law's effective date) to create an exception to this statutory requirement."
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DiSantis urged Walters to provide any information that could assure his office of timely compliance with Ohio law.
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Despite this, the Biden campaign remains confident that the president will feature on the ballot. "We're monitoring the situation in Ohio, and we're confident that Joe Biden will be on the ballot in all 50 states," the campaign stated over the weekend.
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This is not the first time Ohio has faced such a situation. In the 2020 presidential election, both the Republican and Democratic conventions were scheduled outside the deadline window, prompting Ohio lawmakers to adjust the cutoff to 60 days — but only for that election.
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The Ohio Democratic Party has confirmed receipt of DiSantis's letter and is currently reviewing it.
It's worth noting that Trump won Ohio in both the 2016 and 2020 elections, despite losing to Biden in the latter. This marked Ohio's first support for a losing presidential candidate since it sided with Richard Nixon over John F. Kennedy in 1960.
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