A heated partisan conflict in Ohio has hindered state lawmakers’ attempts to ensure President Biden’s presence on the state’s ballot this November, creating the conditions for a potentially expensive and protracted legal battle in the lead-up to the election.
Ohio, along with two other states, had raised concerns to the Democratic Party about the possibility of Biden being left off the ballot. This was due to the timing of the Democratic National Convention, which falls after the deadlines for presidential nominee certifications.
States have efficiently resolved minor procedural issues to ensure that major presidential candidates remain on the ballot.
Alabama efficiently resolved the matter last week by enacting legislation that provided an extension to the certification deadline, in order to accommodate the late Democratic convention date. In a similar vein, election officials in Washington State have expressed their preparedness to accept a provisional certification of Biden’s nomination.
Despite attempts to pass comparable laws in Ohio’s Republican-controlled General Assembly, progress stalled before the deadline set by Frank LaRose, the Republican secretary of state, to address the problem. In an effort to address the issue, Republicans in the Ohio Senate introduced a bill.
However, they also included a provision that prohibits foreign contributions to state ballot initiatives. This decision has raised concerns among Senate Democrats. Speaker Jason Stephens chose not to address the measure in the House, which led to the legislature adjourning without reaching a resolution.
Charles Lutvak, a spokesperson for the Biden campaign, emphasised the widespread presence of Biden on the ballot in all 50 states. He also highlighted the bipartisan efforts made by states in previous elections to address similar issues.
The partisan battle over foreign donations supporting ballot initiatives in Ohio is at the heart of the standoff. Republicans attribute this to the passage of a constitutional amendment last year that enshrined access to abortion in the state.
Republicans have expressed their disapproval of this amendment and have specifically targeted Swiss billionaire Hansjörg Wyss, who is known for his significant contributions to progressive groups in Ohio, as someone affected by the proposed foreign donation ban.
Ohio Republicans argue that implementing the prohibition on foreign donations is necessary to secure Biden’s inclusion on the state ballot, presenting it as a compromise for Democrats.
Ohio Secretary of State LaRose criticised Democrats for prioritising Wyss’s interests over Biden’s ballot presence, and called on the House to take swift action.
Law professor Ciara Torres-Spelliscy proposed the idea of the Biden campaign potentially taking legal action in Ohio to ensure Biden’s ballot presence. She pointed out a previous Supreme Court ruling that permitted Trump to run for another term despite facing legal obstacles, drawing a comparison.
Nevertheless, there is a possibility of facing legal disputes similar to the ones in Colorado, which lasted for six months, potentially causing delays and involving the Biden campaign in a lengthy legal battle leading up to the election.