The secretary of state says that Joe Biden may not be able to appear on the presidential ballot

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Joe Biden may hit another bump on his way to getting on state presidential ballots, with Alabama’s top elections official asserting Tuesday that the president and vice president will miss the deadline to be certified as nominees in the state come November given the timing of the Democratic National Convention.
Wes Allen, Alabama’s Republican secretary of state, sent a letter to Alabama Democrats and the Democratic National Committee saying that state law requires parties to provide a “certificate of nomination for President and Vice President” at least 82 days before the November 5 election, or August 15.
But the Democratic convention — where delegates officially select the party’s nominees for president and vice president — begins on August 19, four days after the deadline.
Allen’s notice to the Biden campaign mirrors one from the office of Ohio’s secretary of state last week.
Asked for a response to the Alabama developments, a spokesperson for the Biden campaign said, “Joe Biden will be on the ballot in all 50 states.” “State officials have the ability to grant provisional ballot access certification prior to the conclusion of presidential nominating conventions.
In 2020 alone, states like Alabama, Illinois, Montana, and Washington all allowed provisional certification for Democratic and Republican nominees,” the campaign official said.
The Alabama’s secretary of state’s office pushed back on that contention, with a spokesperson for the office saying, “Under Alabama law, there are no ‘provisional certifications’ for candidates.
The 2020 Republican convention, which nominated President Donald Trump for a second term, was held from August 24-27, and the general election took place on November 3.

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Given the timing of the Democratic National Convention, Alabama’s top elections official stated on Tuesday that Joe Biden and his running mate will miss the deadline to be certified as nominees in the state come November. This could be another setback for Biden’s bid to make it onto state presidential ballots.

State law mandates that parties submit a “certificate of nomination for President and Vice President” at least 82 days prior to the November 5 election, or August 15, according to a letter sent by Republican secretary of state of Alabama Wes Allen to Alabama Democrats and the Democratic National Committee.

However, four days after the deadline, on August 19, the Democratic convention gets underway, during which delegates formally choose the party’s nominees for president and vice president.

The Democratic Party’s presidential and vice presidential candidates will not have their names certified for the ballot for the 2024 general election by this Office if it has not received a legitimate certificate of nomination from the party following its convention by the legally mandated deadline, according to Allen’s letter.

The notice from Ohio’s secretary of state’s office last week is similar to what Allen sent to the Biden campaign. Similar to other states, Ohio has a certification deadline prior to the Democratic convention. The Ohio secretary of state’s chief legal counsel informed Democrats that Ohio’s certification requirement would need to be waived by the state Legislature or the DNC would need to move up its nominating convention.

A Biden campaign spokesman responded, “Joe Biden will be on the ballot in all 50 states,” when asked about the events in Alabama. “.

Preceding the conclusion of presidential nominating conventions, state authorities possess the authority to authorize provisional ballot access certification. Alabama, Illinois, Montana, and Washington, among other states, permitted provisional certification for Republican and Democratic nominees in 2020 alone, the campaign official declared.

A representative for the secretary of state’s office in Alabama refuted that claim, stating that “provisional certifications” for candidates are not permitted by Alabama law. To be eligible to vote, candidates must abide by Alabama’s current laws. “.

Party certification deadlines in Alabama were shifted from 82 days to 75 days prior to the election in 2020 when a law was passed by the state’s GOP-controlled Legislature to “accommodate the dates of the 2020 Republican National Convention.”. The general election was held on November 3 following the August 24-27 Republican convention, which nominated President Donald Trump for a second term.

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