Lawmakers should follow precedent, allow Biden on ballot
President Joe Biden could face challenges getting on the general ballot in Ohio, as reported by the AP. Setting aside the partisan punditry and political prognostication of how this will impact the election outcome in November, I think it’s more important to focus on why this is even a problem.
In short, this is a problem created by the Ohio legislature that can be addressed by the Ohio legislature.
In 2010, the Ohio
Revised Code set a deadline for the certification of ballots 90 days before the general election. This year, 90 days before the election falls on Aug. 7, and Biden will be formally nominated at the Democratic National Convention Aug. 19-22, thus the apparent problem for Biden.
But, this is a problem both parties have faced in recent election years. And, the Ohio General Assembly has addressed the calendar problem without much fuss.
In 2012 and 2020, the Republican and Democratic national conventions were held after the 90-day deadline. Yet, in both elections, the Ohio General Assembly changed the deadline — problem avoided.
To be clear, this is what should happen this year too. Any argument not to change the deadline is not honest.
Prior to 2010, the Ohio Revised Code had a deadline for the certification of ballots at 60 days. From 1984 to 2024, no party’s national convention fell outside the 60-day deadline. However, in the 11 elections between 1984 and 2024, the Republican National Convention was scheduled outside the 90-day timeline eight times; the Democrats seven times. In fact, more often than not, since 1984, the national party conventions have been in middle to late August.
Why does the Ohio Secretary of State need 90 days when it has been done in 60 days? The office was able to do its job in 60 days in 2020 during the Covid19 pandemic. The partisan shenanigans we are witnessing in Ohio have negative effects on democratic norms by violating mutual tolerance and forbearance. Like it or not, political parties are necessary for representative democracy. And for representative democracy to function best, we need more than one political party.
Mutual tolerance is the acceptance that the opposing political parties are legitimate rivals. Forbearance is the idea elected leaders should use restraint when implementing their institutional duties.
So, yes, the Ohio General Assembly could go forward and not change the law even though it has in the past. However, not acting would be hypocritical, violate the norms of mutual tolerance and forbearance, and too easily be seen as an authoritarian tactic.
E. E. Schattschneider is famous (among political scientists) for writing, “Modern democracy is a by-product of party competition.” At every level of government, representative democracy is what we get from the competition, collaboration, and compromise between our political parties.
As a practical matter, keeping President Biden off the ballot in Ohio would effectively disenfranchise more than 2.6 million Ohio voters.
To deny voters an opportunity to voice their preferences makes representative democracy in Ohio weaker.