Biden could face challenges getting on Ohio general ballot

The state's Dems were alerted Joe Biden could be non-compliant with state law.

April 5, 2024, 9:54 PM

There could be potential general election ballot access concerns for President Joe Biden in Ohio, the state's Secretary of State's office said in a letter to Ohio Democratic Chair Liz Walters on Friday.

In the letter, obtained by ABC News, legal counsel for Secretary of State Frank LaRose sought clarification for "an apparent conflict in Ohio law" between the Democratic National Committee's nominating process and the deadline by which the party's presidential nominee must be certified to the Secretary of State's office.

The Democratic National Convention is scheduled to convene on Aug. 19, which will take place more than a week after the Aug. 7 deadline to certify a presidential candidate in Ohio, the office flagged according to state code, which would create a problem for Biden's eligibility.

President Joe Biden delivers remarks during a campaign event with Vice President Kamala Harris in Raleigh, N.C., March 26, 2024.
Stephanie Scarbrough/AP

"I am left to conclude that the Democratic National Committee must either move up its nominating convention or the Ohio General Assembly must act by May 9, 2024 (90 days prior to a new law's effective date) to create an exception to this statutory requirement," legal counsel Paul Disantis wrote in the letter, requesting a quick response on a solution to become compliant with state law.

The Ohio Democratic Party confirmed to ABC News that they received the letter and are in the process of reviewing it.

Copied on the letter were top Ohio Democrats: Ohio House Minority Leader Allison Russo and Ohio Senate Minority Leader Nickie Antonio.

Ohio, a former battleground state, has shifted right in recent years. They elected former President Donald Trump by eight points in both 2016 and 2020.

"We’re monitoring the situation in Ohio and we’re confident that Joe Biden will be on the ballot in all 50 states," a Biden campaign spokesperson confirmed to ABC News.