Ohio lawmakers are facing a partisan battle that has halted efforts to ensure President Biden’s presence on the state’s ballot this November. This situation sets the stage for a potentially costly and lengthy legal dispute leading up to the upcoming election.
Ohio, along with two other states, had cautioned the Democratic Party that there was a risk of Mr. Biden being excluded from the ballot due to the timing of the Democratic National Convention in relation to certification deadlines for presidential candidates. Typically, this is a minor procedural issue, and states have swiftly found solutions to ensure major presidential candidates are included on the ballot.
While Alabama quickly resolved the issue by passing a law granting an extension to the deadline to accommodate the Democratic convention’s late date, Ohio’s Republican-dominated General Assembly proposed similar legislation but failed to pass it before the deadline set by the Republican secretary of state, Frank LaRose. However, Mr. LaRose mentioned that the legislature could still address the issue through an emergency vote.
In Ohio, Republican senators advanced a bill that aimed to resolve the ballot issue but included a provision banning foreign funds in state ballot initiatives, despite opposition from Senate Democrats. The House speaker, Jason Stephens, did not take up the measure before the legislature adjourned, leaving the matter unresolved. Charles Lutvak, a spokesperson for the Biden campaign, assured that Mr. Biden would be on the ballot in all 50 states.
The core of the problem lies in a disagreement over foreign donations to ballot initiatives in Ohio, with Republicans attributing the passage of a state constitutional amendment on abortion access to such contributions. The Republicans insist that Democrats must accept the ban on foreign donations to secure Mr. Biden’s presence on the ballot in Ohio.
Ohio Secretary of State Frank LaRose criticized Democrats for prioritizing protecting donors like Hansjörg Wyss over ensuring Mr. Biden’s appearance on the state ballot. He called on the House to take action promptly. Ciara Torres-Spelliscy, an election law professor at Stetson University, suggested that the Biden campaign could potentially sue Ohio to include Mr. Biden on the ballot, citing a Supreme Court ruling that barred states from preventing Mr. Trump from running for re-election.
While Ohio is not considered a swing state and Mr. Trump won decisively in 2020, the Biden campaign may face an extended legal battle to secure his spot on the ballot in all states, similar to the situation that unfolded in Colorado regarding Mr. Trump’s candidacy.
