JUST IN: Ohio Secretary of State Threatens to Exclude Biden from Ballot if DNC Fails to Comply with State Nomination Laws

Ohio Secretary of State Frank LaRose has issued a stern warning to the Democratic National Committee: comply with Ohio’s stringent nomination laws, or face the exclusion of President Joe Biden from the state’s ballot this November, according to AP.

The controversy centers on a critical scheduling conflict. Ohio law mandates that presidential candidates be officially nominated at least 90 days before the election, setting this year’s deadline at August 7. However, the Democratic National Convention is slated for August 19-22, well past this cutoff.

LaRose’s office has confirmed that no satisfactory plan has been proposed by the Democrats.

The Secretary of State further emphasized his commitment to upholding Ohio’s laws, stating he is “duty-bound” to instruct local election boards to prepare ballots excluding the Democratic nominees unless a viable solution is presented soon.

“I’ve said from here to Colorado that it’s in the best interest of voters to have a choice in the race for president. I’m also duty-bound to follow the law as Ohio’s chief elections officer,” LaRose wrote.

“As it stands today, the Democratic Party’s presidential nominee will not be on the Ohio ballot. That is not my choice. It’s due to a conflict in the law created by the party, and the party has so far offered no legally acceptable remedy,”

“The Ohio House speaker said today there won’t be a legislative solution, so I’ve sent a letter to [Ohio Dems] chair seeking (again) a solution that upholds the law and respects the voters. I trust they’ll act quickly.”

I’ve said from here to Colorado that it’s in the best interest of voters to have a choice in the race for president. I’m also duty-bound to follow the law as Ohio’s chief elections officer.

As it stands today, the Democratic Party’s presidential nominee will not be on the Ohio… pic.twitter.com/Y5AkZBoow2

— Frank LaRose (@FrankLaRose) May 21, 2024

Read the full letter below:

I write to inform you that my office still has not received communication on behalf of the Ohio Democratic Party or the Democratic National Committee that clarifies the party’s intent to comply with Ohio’s ballot access deadline.

As previously explained, the Ohio Revised Code requires a political party selecting its presidential and vice presidential candidates by nominating convention to “certify the names of those candidates to the secretary of state on or before the ninetieth day before the day of the general election.”

The conflict between the August 7, 2024 certification deadline and the date of your party’s nominating convention is well established. In my correspondence to you dated April 5, 2024, I offered two possible remedies: a change in the date by which your party formally nominates a presidential candidate or action by the Ohio General Assembly to create an exception to this statutory requirement. Today, the Speaker of the Ohio House told members of the media there would not be a legislative solution, as there is “just not the will to do that from the Legislature. “2

With a legislative remedy taken off the table, I must remind you that the deadline is fast approaching, and the matter remains unresolved. Unless your party plans to comply with the statutory deadline, I am duty-bound to instruct boards of elections to begin preparing ballots that do not include the Democratic Party’s nominees for president and vice president of the United States.

Let me be clear that this is not an action I wish to take, as I believe it to be in the best interest of Ohio voters to have a choice between at least the two major party candidates for the nation’s highest political office. Unfortunately, however, the Ohio House of Representatives has refused to act, and the Democratic Party has so far offered no legally acceptable remedy.

As the Ohio Attorney General’s office has advised my office, the Democratic Party’s offer to submit a “provisional certification” by the statutory deadline “simply is not provided for by law,” and “there is no provision in Ohio’s Election Code that would permit the Secretary to provide the Democratic Party with an alternative process” to the one required in statute.

Further, the General Assembly has clearly stated that “no public official shall cause an election to be conducted other than in the time, place, and manner prescribed by the Revised Code.” The integrity of our elections begins with our citizenry having full faith and confidence that their chief election officer will always follow the law.

As such, my office seeks a remedy that both upholds the law and serves in the best interest of the voters of our state. I trust that you will act quickly to resolve this conflict so we can move forward with clarity in preparing for the November general election. Thank you for your prompt attention to this matter.

This is a developing story.

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