Ohio lawmakers unveil plan to get Joe Biden on 2024 ballot after scheduling risk

The Ohio House will vote Wednesday to put President Joe Biden on the November ballot after the state ran into a scheduling snafu with the Democratic National Convention.

Lawmakers unveiled a proposal on Tuesday that would change the certification deadline to 74 days before the Nov. 5 election. Current law requires officials to certify the ballot 90 days beforehand, but the president won't be nominated at the DNC until 12 days after the Aug. 7 deadline.

Secretary of State Frank LaRose said the conflict put Biden at risk of not making the ballot.

"I think everyone agreed this is good for democracy," House Minority Leader Allison Russo, D-Upper Arlington, said Tuesday. "We want people to have full access to the ballot. And that's good for both parties."

Ohio has one of the earliest ballot deadlines in the country, according to the National Association of Secretaries of State. And this isn't the first time it caused problems: The Legislature voted in 2012 and 2020 to temporarily change the deadline when parties scheduled their conventions too late.

Legislative leaders want to prevent a similar situation down the road. Under the bill, parties that can't meet the 90-day deadline for presidential elections in 2028 and beyond must alert the secretary of state's office. They would then be allowed to certify candidates either 74 days before the election or within three days of the convention, whichever is earlier.

"Joe Biden will be on the ballot in all 50 states," Biden campaign spokesperson Charles Lutvak said. "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. And this election is no different."

Will Ohio Senate back Biden ballot fix?

Wednesday's House vote doesn't mean it's a done deal.

House lawmakers amended a Senate bill dealing with last year's August special election, which means it must return to the Senate for final approval. A spokesman for Senate President Matt Huffman, R-Lima did not immediately respond to a request for comment. Senate Minority Leader Nickie Antonio, D-Lakewood, said she hadn't reviewed the House bill yet but believes lawmakers will resolve the issue.

"All the conversations I've had, there are indications that yes, there is a willingness to get this done so we can get on to other things," Antonio said.

Russo said Democrats are still keeping other options on the table, just in case. Attorney General Dave Yost's office nixed a proposal from the party to provisionally certify Biden before Aug. 7, but an attorney for the DNC and Biden's campaign maintains that's still a viable option.

In an April 18 letter, obtained by the USA TODAY Network Ohio Bureau, attorney Don McTigue said Democrats hope to "resolve this issue without resorting to litigation."

"We urge Ohio to accept a provisional certification, just as secretaries of state in other states have done in this and prior presidential election cycles," McTigue wrote. "...On the other hand, a court will have little trouble finding that the inflexible application of (state statute) would create unconstitutional results."

Haley BeMiller is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

This article originally appeared on The Columbus Dispatch: Ohio lawmakers unveil plan to make sure Joe Biden's on 2024 ballot