President Joe Biden's campaign may have to take legal action to ensure his name appears on Ohio's ballot this November after the state Legislature adjourned this week without passing what is typically an easy fix to a scheduling issue.
Ohio state law stipulates that presidential candidates must be certified 90 days before the general election to secure a spot on the ballot. This year, the deadline falls on Aug. 7. However, the Democratic National Convention, where the presidential ticket is officially nominated, is scheduled to begin two weeks after Ohio's certification deadline, on Aug. 19.
It's worth noting that state lawmakers have the power to pass legislation to accommodate major party presidential nominations, as they have done in the past. Earlier this year, Biden's campaign faced a similar scheduling conflict in Alabama. However, the state's Republican-controlled Legislature unanimously passed a bill to make an exception for him, demonstrating the typically nonpartisan nature of the issue.
But the Ohio General Assembly adjourned on Wednesday after failing to find a legislative solution for the deadline conflict. Earlier this month, a bill to accommodate the Democrats' certification timeline stalled in the Legislature; state Senate Republicans attached a rider to ban foreign money in state ballot campaigns to the opposition of Democrats after the bill had passed, and the Republican state House speaker, Rep. Jason Stephens, declined to take up the measure.
"The Biden issue is — it’s a hyper-political environment at this time of year," Stephens said on Tuesday. “I think there are other alternatives to do it, so why create a stir unnecessarily?”
Ohio is an increasingly red state, and it is not likely to be competitive this year; in 2020, Donald Trump won 53% of the vote in the state. As it stands, the Biden campaign is considering suing to get his name on the ballot — a process that could cost more money and effort he'd rather spend elsewhere — as well as other potential solutions that don't involve moving the date of the DNC, The New York Times reported. Charles Lutvak, a Biden campaign spokesperson, said, “Joe Biden will be on the ballot in all 50 states.”