COLUMBUS, Ohio —  Ohio lawmakers failed to agree on a bill to finalize a solution to place President Joe Biden on the Ohio ballot this upcoming November.

While lawmakers from both parties say the issue will resolve itself and he will be on the ballot for this upcoming election, it's still unclear what steps will be taken to achieve that.


What You Need To Know

  • Lawmakers from both parties expect President Biden to end up on the ballot

  • The Ohio House and Senate tried to resolve the problem by trying to pass legislation, but the two chambers couldn't agree on a bill 

  • Ohio Democrats have a variety of options to pursue to secure President Biden's spot on the ballot

The House and Senate had two separate proposals that would have extended the deadline for Democrats to officially nominate President Joe Biden. However, neither one of those proposals passed both chambers. That means that in order to make a change legislatively, lawmakers have to pass a proposal with an emergency clause. If that does not happen, Democrats could go through the court system instead.

“If a lawsuit is filed, it could force the legislature to reconsider the ballot rules,” said Atiba Ellis, a Professor of Law at Case Western Reserve University. “Certainly there is a lot of evidence from other states that different states have far more flexible deadlines. Some states have deadlines that are later. Some states have deadlines that allow a contingency for the nomination to be certified within a week of the convention whenever that might be or what have you.” 

Meanwhile, the Biden campaign is pointing to other Republican led states like Alabama and Washington that have already taken action to resolve a similar issue.

“Joe Biden will be on the ballot in all 50 states. 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 — Alabama, with full Republican support, and Washington State are already taking action to ensure that voters can exercise their right to vote for the candidate of their choice in November,” said Charles Lutvak, a spokesperson for the Biden campaign.

“If the courts get involved, it would ultimately raise questions about the law and it could potentially cut the legislature out of the process,” Ellis said. “And certainly, as a political matter, that could end up looking like a failure on the part of the legislature. Given that both the governor and senior members of the legislature have said that President Biden at the end of the day will end up on the ballot.” 

While Republicans and Democrats have acknowledged that they believe this issue will sort itself out, politics are still at play. Republican Secretary of State Frank LaRose released a statement criticizing Democrats for not passing the measure on Wednesday. While Ohio Democrats say it’s the Republicans who are playing politics here.