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Biden could miss the deadline for the November ballot in Alabama, the state’s election chief says

FILE - Alabama Secretary of State Wes Allen speaks during his inauguration ceremony on the steps of the Alabama State Capital, Jan. 16, 2023, in Montgomery, Ala. Allen, a Republican, said Tuesday, April 9, President Joe Biden could be left off the ballot in Alabama because the states certification deadline is several days before the Democratic Partys convention. A similar concern was raised in Ohio that Biden could be left off the ballot in that state. (AP Photo/Butch Dill, File) (Butch Dill, Copyright 2023 The Associated Press. All Rights Reserved.)

MONTGOMERY, Ala. – President Joe Biden could be left off the ballot in Alabama, the state's elections chief said Tuesday, because the state's certification deadline comes several days before the Democratic Party's convention.

Alabama Secretary of State Wes Allen, a Republican, made the statement Tuesday, a day after a similar concern was raised in Ohio that Biden could be left off the ballot in that state.

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Allen sent a letter to Alabama Democratic Party Chairman Randy Kelley saying that the state's Aug. 15 certification deadline is four days before the Democratic National Convention is set to begin. Allen indicated that Biden's name will not appear on the ballot unless the deadline is met.

“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 wrote.

Kelley told The Associated Press Tuesday night that he had contacted the DNC about the matter to see what could be done. An option could be for the party to send in a provisional certification.

“Joe Biden will be on the ballot in all 50 states," the Biden campaign said in a statement. "State officials have the ability to grant provisional ballot access certification prior to the conclusion of presidential nominating conventions. In 2020 alone, states like Alabama, Illinois, Montana, and Washington all allowed provisional certification for Democratic and Republican nominees.”

Alabama law requires the names of presidential nominees to be submitted 82 days before the election.

The Republican-controlled Alabama Legislature in 2020 passed legislation to change the certification deadline for the 2020 election. The bill stated that the change was being made “to accommodate the dates of the 2020 Republican National Convention.”

The deadline was pushed forward about a week that year. It was a one-time change that only applied to that year.

But he asked Kelley to call his office if he had questions.


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