Biden May Be Left Off Nov. Ballot by WA Rule, State Proposes Solution

TL/DR –

Election officials in Washington, Ohio, and Alabama have indicated that President Joe Biden could be left off their general election ballots due to conflicts between the dates of the Democratic National Convention and state ballot deadlines. Washington’s Secretary of State has proposed a provisional certification of nomination to resolve this issue. This situation has arisen as Ohio and Alabama’s Republican Secretaries of State have indicated they will enforce similar state election codes in a manner considered unprecedented and potentially partisan.

Washington State Joins Ohio and Alabama in Election Ballot Controversy

Washington State is the latest state to signal through its election officials that President Joe Biden might be excluded from their general election ballots. This is due to a conflict between the dates of the Democratic National Committee’s nominating convention and the state ballot deadlines. Ohio and Alabama have already raised similar issues. However, it appears that Washington has proposed a workaround to keep the Democratic nominee eligible.

Warning from Washington’s Secretary of State

Last Thursday, the director of elections at Washington’s Secretary of State office sent a letter to DNC Chair Jamie Harrison. The letter warned that the deadline for ballot certification under state law is Aug. 20, the day after the DNC convention in Chicago. Stuart Holmes, the Director of Elections, signaled that they would make an exception for the party if a provisional certification of nomination is submitted no later than Aug. 20.

Similar Issues in Ohio and Alabama

Ohio and Alabama’s Republican Secretaries of State have indicated that they would enforce similar state election codes. Experts suggest this move is unprecedented and possibly partisan. Ohio’s Frank LaRose and Alabama’s Wes Allen have warned Democrats about conflicts between their state’s deadlines and the DNC convention. They cautioned that Biden’s nomination in Chicago might be too late to secure a spot on their general election ballots.

What is the Democrats’ Plan?

The Biden campaign, along with Democratic officials, are exploring ways to ensure that the president will appear on the ballot in Ohio and Alabama. They believe this can be achieved through provisional certification, changing the state’s election filing deadlines, litigation in court, or by virtually nominating the Biden-Harris ticket ahead of the in-person convention.

Dealing with the Issue

If provisional ballot certification fails, the Biden official said their strategy would shift to the state legislatures. This has worked previously in both Alabama and Ohio. One of the last resorts would be litigation, for which the Biden campaign claims they have a “strong case”. The final step might be for the DNC to hold a virtual vote to nominate the Biden-Harris ticket before their August convention.

“So bottom line is we’re gonna be on the ballot in both these states,” a Biden campaign official told ABC News. ABC News has requested comment from Washington’s Secretary of State.

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