Lawmakers from both sides of the aisle are determining what’s next now that a deadline to place President Joe Biden on the Ohio general election ballot has passed without a resolution from the state’s Republican-controlled state legislature.
Ohio law mandates that the deadline is 90 days before the general election. This year, Election Day is Nov. 5, which makes the deadline Aug. 7.
Once passed and signed by the governor, Ohio bills typically take 90 days to become law unless they include an emergency clause.
May 9 was the deadline, Ohio Secretary of State Frank LaRose said.
President Biden is expected to be formally nominated for reelection at the Democratic National Convention, which will be held Aug. 19–22 in Chicago.
Mr. LaRose wrote a letter to state Democrat officials in April warning that President Biden might not qualify for the general election ballot unless Democrats adjust their convention date or convince Republicans to change state law by May 9.
Most deadlines are in September or October, the organization’s chart of state ballot access laws shows.
Attorney Don McTigue sent a letter to Mr. LaRose’s office saying the Democratic Party would provisionally certify President Biden and Vice President Kamala Harris before the Aug. 7 deadline.
President Biden has already gained enough delegates to receive the nomination, Mr. McTigue noted.
Ohio Attorney General Dave Yost’s office responded that provisional approval is not permitted and that Mr. LaRose cannot change election deadlines.
Charles Lutvak, President Biden’s campaign spokesperson, said in a statement that the incumbent president will be on the ballot in all 50 states.
He noted how Alabama and Washington resolved the same deadline certification issue.
Ohio Gov. Mike DeWine, a Republican, told reporters that President Biden’s name will appear on the state’s general election ballot, likely in court.
Democrats could file a federal civil rights action against Ohio Secretary of State Frank LaRose, claiming that excluding President Biden from the ballot violates the Constitution’s First Amendment (free speech) and Fourteenth Amendment (equal protection under the law).
Ohio lawmakers next meet on May 22.
Upon return, they could pass legislation with an emergency clause to allow it to take effect immediately. This solution would require two-thirds support in the Ohio House and Senate.
David Carlucci, a former New York state senator who is a Democrat strategist, blamed the controversy in Ohio on Mr. LaRose, who “only informed the Democratic Party on April 5 about the ballot problem.”
In previous years, solutions were implemented to get Mitt Romney, Barack Obama, and Donald Trump on the ballot in similar situations, Mr. Carlucci pointed out.
“Ohio’s legislature, influenced by partisan extremists, prioritized their agendas over doing what’s right,” Mr. Carlucci told The Epoch Times.
Democrats will likely have a mini-convention ahead of the party’s August national convention to resolve President Biden’s absence from the Ohio ballot, Mr. Carlucci added.
Last week, the Ohio House and Senate introduced competing bills that would have given President Biden ballot access.
The House reworked a measure passed by the Senate, known as Senate Bill 92.
Originally, the legislation permitted special elections in August under select conditions.
The House wrote a new version allowing a party’s presidential candidate to gain certification by the Ohio Secretary of State 74 days before the general election or three days after the party’s national convention, whichever date arrived first.
Passage of Senate Bill 92 is still possible if Ohio House Speaker Jason Stephens, a Republican, calls it for a vote. The measure would require the attachment of an emergency clause to place President Biden on the ballot.
The Senate retooled and passed House Bill 114, a measure that would allow political candidates to use their campaign funds to pay for childcare.
The substitute bill included amendments to place President Biden on the ballot and prevent foreign nationals from contributing to issue-based campaigns in Ohio.
The legislation was passed 24–7 with Democrats voting no.
Under the bill, the certification deadline would be changed from Aug. 7 to Aug. 23, allowing President Biden to gain ballot access.
The measure would also ban foreign nationals from giving money to issue-based campaigns, similar to Senate Bill 215 that was passed earlier this year.
When it was time for the House to vote on the measure, Mr. Stephens chose to adjourn the session rather than call the Senate bill to a vote, drawing the ire of many conservative Republicans in the chamber.
After the session, Mr. Stephens told reporters: “I think there’s a lot of different options in order to get him on the ballot.
“You guys have probably went through a lot of the different possibilities. So you know, I’m not concerned about that happening.”
Mr. Stephens rose to House Speaker under conflict.
Derek Merrin, a state representative seeking to unseat longtime Democrat U.S. Rep. Marcy Kaptur in the Ohio 9th Congressional District general election, led an intra-party revolt after losing the state House Speaker race to Mr. Stephens.
The Ohio Republican Caucus named Mr. Merrin House Speaker, but weeks later, Mr. Stephens prevailed in the official vote, gaining more support from Democrats than his own party.
All 32 House Democrats voted for Mr. Stephens in a move House Minority Leader Allison Russo said was made to inspire unity.
Wes Farno, an Ohio-based Republican strategist, told The Epoch Times that House Democrats showed “they are more interested in having foreign contributions to issue campaigns in Ohio than see Biden on the ballot.”
“It shows that our Republican Speaker of the House isn’t really a Republican, and Democrats will do anything to cheat, lie, and steal, including allowing foreign investment in Ohio issues,” Mr. Farno said.
State Sen. Rob McColley, a co-sponsor of Senate Bill 215, noted that organizations related to foreign nationals contributed around $14 million in Ohio last year in elections that happened in August and November.
State Sen. Bill DeMora, a Democrat, chastised the substitute bill.
“Senate Republicans held us hostage by slapping completely irrelevant partisan nonsense onto this bill because they know it needs to pass,” he said.
Ohio Republican lawmakers believe that Democrats should compromise to move forward any legislative resolution.
“Any legislative fix for Biden should be paired with a GOP policy priority. That’s compromise and it’s basic Legislation 101. For example, SB215 would bar foreign nationals from spending money in Ohio ballot initiative elections,” Ohio State Rep. Brian Stewart, a Republican, said.
“Common sense policy. Pair the two. Done deal.”
