Seriously? GOP State Official Threatens to Kick Biden Off the Ballot

Alabama’s Secretary of State claimed Tuesday that, according to state law, the Democratic National Convention is taking place too late for the party to get its nominees for president and vice president on the state’s November ballot.

Wes Allen, a Republican, said Alabama has an August 15 deadline for political parties to present a certification of nomination for president and vice president. The Democratic National Convention takes place in Chicago on August 19.

“If this Office has not received a valid certificate of nomination from the Democratic Party following its convention by the statutory deadline, 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,” Allen said in a letter to Randy Kelley, Chair of the Alabama Democratic Party.

Alabama state law says parties must certify their candidates “no later than the 82nd day preceding the day fixed for the election.” This year’s election is on November 5, making August 15 the 82nd preceding day, Allen said in the letter. His office claims that the 82-day deadline has been in Alabama’s election law since 1975.

This is the second red state election chief to claim that the Democrats are holding their nominating convention too late. Last week, Paul DiSantis, the chief counsel for Ohio’s Republican Secretary of State Frank LaRose, said that state law required presidential candidates to be certified 90 days before a general election.

Both the Ohio and Alabama secretaries of state said that the problem could be fixed if the respective legislature passed a one-time exception, or if the Democratic National Committee moved their convention to within the allowed time frame.

While both Allen and LaRose could well be trying to simply uphold state laws, the moves seem remarkably suspicious given recent lawsuits regarding Republican presidential nominee Donald Trump. The Colorado state supreme court attempted to kick Trump off of the 2024 ballot due to his role in the January 6 insurrection, which the justices determined violated Section 3 of the Fourteenth Amendment.

In March, the Supreme Court struck down Colorado’s decision, and by extension similar decisions in two other states, in an expedited, unanimous ruling that said states couldn’t individually enforce the clause against federal officeholders. Five of the court’s conservative justices even said that the clause only applied if Congress passed a law to affirm it.

Based on that ruling, if Ohio and Alabama dig their heels in and refuse to allow President Joe Biden and Vice President Kamala Harris on their ballots, the Supreme Court will have to swiftly reinstate them, since states don’t have the authority to remove federal officeholders, right? But that would require consistency from John Roberts’s Supreme Court, whose values are in question.