President Joe Biden faces a new challenge in Ohio as the Democratic National Convention may take place too late for the incumbent president to appear on the general election ballot in the state.
In a letter obtained and reviewed by Newsweek, Ohio Secretary of State Frank LaRose's legal counsel wants clarification for an apparent conflict in Ohio law between the Democratic National Committee's (DNC) nominating process and the deadline by which the state must certify the party's presidential nominee.
"The Democratic National Convention is scheduled to convene on August 19, 2024, which occurs more than a week after the August 7 deadline to certify a presidential candidate to the office," LaRose's chief counsel, Paul Disantis, wrote to Ohio Democratic Party chairwoman Liz Walters.
Disantis provided a deadline for a resolution and requested "prompt attention to the matter" as he concluded the letter, which was first reported on by ABC News on Friday.
"Pending further clarification, I am left to conclude that the Democratic National Committee must either move up its nominating convention or the Ohio General Assembly must act by May 9, 2024 (90 days prior to a new law's effective date) to create an exception to this statutory requirement," the letter stated as Disantis noted Ohio Revised Code 3505.10(B)(1).
Once a battleground state, former President Donald Trump claimed Ohio by eight points in both 2016 and 2020 presidential elections. Current RealClearPolitics and FiveThirtyEight polling averages show Trump leading Biden by 10 points or more in the Buckeye State.
"We're monitoring the situation in Ohio and we're confident that Joe Biden will be on the ballot in all 50 states," a Biden campaign spokesperson told Newsweek Saturday night.
Newsweek has emailed the Ohio Democratic Party for comment on Saturday night. This story will be updated with any statements provided.
In March, Trump and Biden both became their respective party's presumptive 2024 presidential candidates after a series of primary victories.
An Emerson College poll of 1,438 registered voters conducted from April 2 to 3 put Trump at 43 percent against 42 percent for Biden and 8 percent for independent candidate Robert F. Kennedy Jr. In a straight head-to-head with all other candidates and undecided voters removed, Trump had 51 percent of the vote against 49 percent for Biden. However, among very likely voters, Biden is ahead 51 to 49, said Spencer Kimball, executive director of Emerson College Polling.
Biden's chances of securing reelection in November have improved according to a number of recent polls, with two respected polling aggregate sites putting him level or ahead of Trump.
Recent surveys by Morning Consult and the Marquette University Law School both suggest Biden has the lead in terms of the popular vote, as does an analysis of recent polling by the aggregation website Race to the WH (White House).
However, Trump holds a lead over Biden in a host of crucial swing states.
A series of Wall Street Journal polls conducted between March 17 and 24 found Trump was ahead in Michigan, North Carolina, Arizona, Nevada, Pennsylvania and Georgia while the two rivals were tied in Wisconsin.
A separate survey conducted in Pennsylvania by Franklin & Marshall College gave Trump a 10-point lead, with him receiving 48 percent versus 38 percent for Biden. This survey took place between March 20 and 31.
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Gabe Whisnant is Deputy Weekend Editor at Newsweek based in South Carolina. Prior to joining Newsweek in 2023, he directed ... Read more
