Ohio lawmakers sink plan to get Biden on November ballot. What happens now?

Ohio lawmakers on Wednesday failed to advance a plan to put President Joe Biden on the state’s November ballot, underscoring bitter divisions among Republicans who control the state Legislature.

The state House and Senate floated separate proposals this week that would change the certification deadline to 74 days before the Nov. 5 election. Under current law, state officials must certify the ballot by Aug. 7 − 90 days beforehand − but Biden won’t be nominated until the Democratic National Convention 12 days later.

Wednesday ended with no plan to get the president and presumptive Democratic nominee on Ohio’s ballot. And the clock is running out: Ohio Secretary of State Frank LaRose said lawmakers had until Thursday to change the deadline. Bills typically take 90 days to become law unless they have an emergency clause attached to them.

President Joe Biden delivers remarks at the U.S. Holocaust Memorial Museum’s Days of Remembrance ceremony in Washington on Tuesday.

Ohio’s Republican Gov. Mike DeWine said Biden will be on the ballot, whether he gets there through the Legislature or courts.

“I don’t want to minimize that this has to happen, but I do want to minimize anybody thinking that there’s a snowball’s chance in hell that this isn’t going to happen,” DeWine said Wednesday. “The president’s name is going to be on the ballot.”

House Minority Leader Allison Russo said the prospects of a legislative solution now look dim, but she emphasized that Democrats have other options − including a lawsuit.

“We see once again that politicians and the politics and playing games with this piece of legislation ruled the day,” Russo said. “I think we’ve officially sunk lower than Alabama at this point.”

Ohio Senate diverges from bipartisan House plan

House leaders introduced a bipartisan proposal on Tuesday to put Biden on the ballot and prevent future scheduling conflicts. For 2028 and beyond, parties that couldn’t meet the 90-day deadline would be allowed to certify candidates either 74 days before the election or within three days of their convention, whichever comes first.

But Senate Republicans pursued a different path, one that Democrats cast as a poison pill and refused to support. They folded a one-time deadline fix into a bill that would ban foreign citizens and U.S. residents with green cards from donating to ballot campaigns. It’s already illegal for non-U.S. citizens to give money to candidates.

“We use the word compromise a lot,” Senate President Matt Huffman said. “I think this is a reasonable result. There’s some things for both sides to like and dislike. It gets these two issues resolved for the upcoming election.”

Democrats contend that legislation, initially passed by the Senate in February, would create hurdles for groups that want to place issues on the ballot. For instance, it would require ballot campaigns to register as political action committees, something critics say could burden hyperlocal efforts like liquor options.

Republicans proposed the measure after a progressive dark money group poured millions into campaigns for Ohio’s 2023 abortion rights amendment and independent redistricting commission.

“There wasn’t something for us to love and hate,” Senate Minority Leader Nickie Antonio said. “It wasn’t a compromise. It was frankly a dirty trick and we didn’t take the bait.”

Biden ballot fix underscores Republican divide

The state Senate approved its bill before House lawmakers convened, which left them with two options: Approve their proposal − which was already on the agenda − or agree with the Senate plan. They did neither.

Even before the Senate vote, Republicans pushed back against the House bill because it didn’t give them any political wins for helping Democrats. Rep. Brian Stewart said House Republicans were prepared to agree with the Senate bill and accused Speaker Jason Stephens of pulling the rug out from underneath them.

USA TODAY Network Ohio Bureau reporters Erin Glynn and Jessie Balmert contributed.

Haley BeMiller is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

This article originally appeared on The Columbus Dispatch: Ohio lawmakers sink plan to get Biden on November ballot. What happens now?