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President Biden risks not being on the general election ballot in Ohio come November the Ohio Secretary of State warned this week.
It's the latest in a series of warnings given to Democrats in the key state which was once considered a presidential battleground.
The issue is Ohio requires that parties certify their presidential candidates at least 90 days before Election Day.
However, the Democratic party won't certify Biden as the party's nominee even though he has clinched the necessary number of delegates until the Democratic National Convention in Chicago, which does not take place until the third week of August.
That means the nomination process 75 days before the election does not meet the Buckeye state's requirements under state law.
It means either the Democratic party or the state legislature needs to take action, and Republicans in the state this week signaled, they're not going to be the ones to solve the issue.
President Biden is at risk of not being on the November ballot in Ohio because the state requires parties certify nominees 90 days before the election but the Democratic National Convention is not until August 19 to 22
'I’ve said from here to Colorado that it’s in the best interest of voters to have a choice in the race for president. I’m also duty-bound to follow the law as Ohio’s chief elections officer. As it stands today, the Democratic Party’s presidential nominee will not be on the Ohio ballot,' warned Ohio Secretary of State Frank LaRose on Tuesday.
'That is not my choice. It’s due to a conflict in the law created by the party, and the party has so far offered no legally acceptable remedy,' he went on.
In the letter to the Ohio Democratic party chair he noted two solution he previously suggested to remedy the issue: change the date by which the party formally nominates Biden or by action in the Ohio General Assembly to create an exception.
But LaRose pointed out that Ohio's Republican House Speaker Jason Stephens said on Tuesday there won't be a legislative solution.
LaRose urged Democrats to find a solution that 'upholds the law and respects the voters' and quickly.
'Joe Biden will be on the ballot in all 50 states, and we are assessing next steps accordingly,' said Charles Lutvak of the Biden campaign.
'Election after election, states across the country have acted in line with the bipartisan consensus and taken the necessary steps to ensure the presidential nominees from both parties will be on the ballot,' he added.
Ohio Secretary of State Frank LaRose sent a letter to the Ohio Democratic party chair urging the party to take action after the Republican House speaker said there won't be a legislative fix to ensure Biden is on the Ohio ballot
LaRose warned Biden is at risk of not being on the presidential ballot if immediate action is not taken and said the Democratic party has not offered a legally acceptable remedy so far
Ohio's Democratic party chair Elizabeth Walters slammed Republicans for playing politics in response to the state House speaker saying there won't be a fix from state lawmakers.
'Republican politicians at the statehouse made clear they want to take away Ohioans' ability to choose who they want to be President,' Walters said in a statement.
'Throughout this process, corrupt politicians in Columbus have politicized the process and used it to play political games with Ohioans ability to hold their government accountable,' she continued.
Speaker Stephens said this week there is not the will in the Republican Ohio supermajority to move back the August 7 deadline to ensure Biden would be on the November ballot. He called it a 'hyper political environment' this time of year.
Ohio Democratic House Minority Leader Allison Russo also signaled the issue is unlikely to have a legislative fix in the state, noting the 'dysfunction' in the state legislature.
She said lawmakers have not been able to put aside partisanship and infighting and suggested it is likely going to have to be an intra-party fix or perhaps court action to ensure Biden's inclusion.
Donald Trump is not at risk of not being on the Ohio ballot because the Republican National Convention will take place in July meeting the 90 day requirement in the state
Republicans do not risk Trump not being on the Ohio ballot because the party is holding its nominating convention in July this year.
Ahead of the 2020 presidential election, Republican Ohio lawmakers moved the deadline from 90 days to 60 days before the election which meant it fell in early September allowing both parties which held their national conventions in August 2020 to meet the requirement.
Lawmakers also created a temporary fix in 2012 to make sure Republican nominee Mitt Romney and President Barack Obama would both be on the ballot when both formal nominations took place in late August and early September.
Biden was also at risk of not making the Alabama and Washington general election ballots this year.
However, Republican Alabama lawmakers earlier this month approved legislation to ensure Biden is included.
In Washington, officials said they would allow a provisional certification to make sure Biden is on the ballot despite the deadline conflict.