Ohio lawmakers’ efforts to ensure President Joe Biden is on the state ballot in November hit a road bump on Wednesday as the legislature adjourned without a fix.
A state law requiring presidential candidates to certify their nomination to the secretary of state’s office 90 days before the November election could keep Biden off the ballot.
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The Democratic National Convention won’t confirm Biden as the nominee until Aug. 19, which falls after the Ohio 90-day deadline on Aug. 7.
Ohio’s Senate leaders passed a bill that temporarily fixed the problem by allowing certification 74 days before the election. The legislation also prohibited foreign investment in state ballot measures, which differed from a House version of the bill and that House Democrats disavowed.
The House version introduced earlier this week allowed Biden on the ballot and prevented future scheduling conflicts.
On Wednesday, the House adjourned without taking up any version of the bill.
Frank LaRose, the state’s secretary of state, had warned Democrats in April Biden was in danger of not appearing on the ballot due to state law. LaRose stated that the DNC needed to move up its convention, an unlikely option, or the state legislature would need to pass an emergency fix.
“The facts are still very clear on this. The Democrats scheduled their nominating convention too late to comply with Ohio law, and they’ve admitted that this unforced error creates a problem for their presidential candidate that needs to be fixed,” LaRose said in a statement on Wednesday.
“The House still has time to act with an emergency vote, and it’s in the best interest of Ohio voters, as well as our ability to quickly and effectively prepare for a general election, that they find a way to do so,” he added.
Previously in 2020, lawmakers passed exemptions for both Democrats and Republicans as their conventions were held after the 90-day deadline.
An emergency fix to solve the problem has to be signed by Gov. Mike DeWine (R-OH) and sent to LaRose’s office by Thursday as legislation takes 90 days to take effect, which would be on Aug. 7.
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Barring a last-ditch effort by lawmakers, Democrats may have to file a lawsuit to ensure Biden is on the ballot in November.
Gov. Kay Ivey (R-AL) signed legislation into law last week that ensured Biden would be on the state ballot after also warning the president was in danger of not being on the ballot as the DNC is held after the state ballot deadline.