COLUMBUS, Ohio — Ohio Gov. Mike DeWine said Tuesday that both President Joe Biden and former President Donald Trump are going to be on the state's ballot this November.
Ohio law and the timing of the Democratic National Convention raised concerns for Ohio officials that Biden’s name could be left off the ballot due to a technicality.
Secretary of State Frank LaRose’s office sent a letter to Democratic officials earlier this month warning that there is an Aug. 7 deadline to certify a presidential candidate. The Democratic National Convention isn’t scheduled to convene until Aug. 19, more than a week after Ohio’s deadline.
According to the letter, Ohio Revised Code 3505.10(B)(1) required the general election ballot to include presidential candidates certified to this office who were “…[n]ominated by the national convention of a political party to which delegates and alternates were elected in this state at the next preceding primary election. A political party certifying candidates so nominated shall certify the names of those candidates to the secretary of state on or before the ninetieth day before the day of the general election.”
If the Democratic National Committee does not move up its nominating convention, the Ohio General Assembly has 90 days before a new law’s effective date to act and create an exception to the statutory requirement. The exception would need to be made by May 9, 2024.
DeWine told 10TV that he doesn’t think anyone should worry.
“We’ve got some technicalities that are going on, but it’s going to get worked out so no one should really have any concern,” DeWine said. “They’re going to have a choice this November. They’re going to be able to pick one of these two to be our president.”
A spokesman for the Ohio Democratic Party told 10TV that they are looking into the issue.
"First of all, this law was put in place in 2009, this is just incidental, but it was put in place by Democrats," LaRose said. "It established a 90-day deadline. Just like there's a deadline if you want to run for township trustee or run for county commissioner, you got to file your petitions by a certain day. If you turn in your petitions a day late, or two days late, you're rejected."
Ohio's deadline for presidential candidates is 90 days before the election. That's the day the parties need to notify the state who their nominee for president is.
"In the past, the state legislature has temporarily relaxed those standards if a convention is scheduled after that," he said. "My hope is, and my belief is, that they will work this out. That they'll either get this done with the state legislature or they will work within their party's bylaws to get me the filing - the official notification - that they've nominated a candidate sooner."