Due to the timing of the Democratic National Convention, Alabama’s top election official stated on Tuesday that Joe Biden and the vice president will not be able to meet the deadline for certification as state nominees in November. This could be another setback for Biden’s chances of being included on state presidential ballots.
In a letter to Alabama Democrats and the DNC, Wes Allen, the Republican secretary of state of Alabama, stated that parties must submit a “certificate of nomination for President and Vice President” at least eighty-two days before the November 5 election, or August 15.
However, four days after the deadline, on August 19, the Democratic convention gets underway, during which delegates formally choose the party’s choices for president and vice president.
Allen’s letter stated, “I will be unable to certify the names of the Democratic Party’s candidates for President and Vice President for ballot preparation for the 2024 general election if this Office has not received a valid certificate of nomination from the Democratic Party following its convention by the statutory deadline.”
Allen’s notification to the Biden campaign is similar to one that was sent last week by Ohio’s secretary of state’s office. The chief legal counsel for the Ohio secretary of state informed Democrats that the DNC would either need to move up its nominating convention or the state legislature would need to create an exemption to Ohio’s requirement. Ohio likewise has a certification deadline prior to the Democratic convention.
When asked about the events in Alabama, a Biden campaign spokesman stated, “Joe Biden will be on the ballot in all 50 states.”
“Before the end of presidential nominating conventions, state officials possess the authority to award certification for provisional ballot access. States including Alabama, Illinois, Montana, and Washington permitted provisional certification for Republican and Democratic nominees in 2020 alone, according to the campaign official.
A spokesman for the secretary of state’s office in Alabama refuted the claim, stating that “provisional certifications” for candidates are not permitted by Alabama law. To be eligible to vote, a candidate must abide by Alabama law as it is now.
The GOP-controlled Legislature of Alabama approved a measure in 2020 that changed the state’s certification deadline for parties from 82 days to 75 days before the election in order to “accommodate the dates of the 2020 Republican National Convention.” The general election was conducted on November 3, while the 2020 Republican convention, which nominated President Donald Trump for a second term, was held from August 24-27.
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