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President Joe Biden could still be left off the ballot in Ohio, historically a key swing state, during the 2024 presidential election.
Frank LaRose, the Republican secretary of state, previously announced that he intends to exclude the president from the ballot because he will be officially nominated after a deadline for certifying presidential nominees on the ballot, an issue that was not addressed prior to the Ohio General Assembly adjourning on Wednesday (May 22), the New York Times reports. The Biden campaign is reportedly considering suing the state of Ohio in order to ensure that the president is included on the ballot, while also weighing other options to resolve the issue prior to having to reschedule the Democratic National Convention, which is set to take place in Chicago from August 19-22, a source with knowledge of the situation confirmed.
A potential legal battle from the Biden campaign would be expensive and strenuous. The Supreme Court recently ruled that former President Donald Trump, the presumptive Republican presidential nominee, could not be prohibited from running for another term under a constitutional provision, Section 3 of the 14th Amendment, which prohibits insurrectionists from holding office, amid threats made by Colorado officials to keep him off the ballot in the state due to accusations of inciting his supporters into rioting at the U.S. Capitol on January 6, 2021. The Supreme Court's decision came after six months of legal action by the Trump campaign.
Trump is reported to be leading Biden by 9.6% in the state of Ohio, according to FiveThirtyEight's average of 2024 presidential polls through April 2024 and won the state by a margin of 8.1% in the 2020 presidential election. The Buckeye State is a historic swing state, having voted for Democrats five times and Republicans seven times in presidential elections since 1976.