Can Ohio overcome dysfunction to fix Biden ballot conflict? It’s unclear

COLUMBUS, Ohio — The dysfunction continues at the Ohio Statehouse as a legal technicality may prevent President Joe Biden from being on the November ballot — but a Republican legislative leader has offered to help, assuring that the Democrat will get on the ballot. Would the lawmakers actually pass a bill to fix the obscure law? Do the Democrats have a case for court? Our legal expert said no.

Attorney General Dave Yost just shot down the party's plan to allow for a"provisional" certification of Biden, but Case Western Reserve University constitutional law professor Jonathan Entin said that in most other states, this would be an easy fix.The little-known law was passed in a major omnibus bill in 2010. In 2012 and 2020, exemptions were passed for those years — impacting both parties. In 2016, both the DNC and the RNC held their conventions before the deadline.

However, five days later, he seemed more willing to help — even adding that he didn't know about the law, either.For folks who say, 'Well, we can keep Joe Biden off the ballot,' — that's wrong," he added."You're not going to be able to look at the current president of the United States and a major political candidate, and just say 'We got a law, you didn't know about it, ha ha.

There is also another case from 1983 from the U.S. Supreme Court where the justices struck down Ohio's very early deadline for getting a party on the ballot. This law made minor parties submit earlier than the GOP or Democratic party."The 1983 Supreme Court decision dealt with a law that discriminated against minor parties," he added."I think the basic problem is this doesn't discriminate against anybody.

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