Bill would change deadline to allow Biden on ballot in November
Two Alabama lawmakers have introduced a bill that would change Alabama’s deadline for political parties to certify their nominees for president and vice president this year.
Sen. Merika Coleman of Jefferson County and House Minority Leader Anthony Daniels of Huntsville, both Democrats, introduced identical bills to make that change on Thursday.
Secretary of State Wes Allen notified the state and national Democratic parties on Tuesday that the Democratic convention is scheduled to be after the deadline in Alabama law for political parties to certify their nominees for the Nov. 5 general election.
The deadline, which is set in state law, is 82 days before the election. That deadline falls on Aug. 15 this year, and the Democratic convention is scheduled for Aug. 19-22 in Chicago.
The bill by Coleman and Daniels would change the deadline to 74 days. The senator introduced the bill Thursday. It still has time to pass during this legislative session, which has nine meeting days left after today.
In 2020, both the Democratic and Republican conventions came too late for the 82-day deadline. The Legislature passed a bill making a one-time change of the deadline to 75 days.
That change accommodated the Democratic Party in 2020, which wrapped up its convention on Aug. 20 that year. But the Republican Party did not finish its convention until Aug. 27, missing the 75-day deadline.
According to a letter from Democratic Party attorney Barry Ragsdale to Secretary of State General Counsel Mike Jones, the secretary of state’s office allowed the Republican Party to provisionally certify Donald Trump and Mike Pence as its nominees in 2020 and confirm them when the nominations became official.
Ragsdale said the Democrats would request to use the same provisional certification process this year.
Allen, in response to Ragsdale’s letter, said he did not intend to allow a provisional certification.
“On January 16, 2023, I took an oath to uphold Alabama law and that is what I am going to do. My office will accept all certifications that comply with Alabama code section 17-14-31(b). That statute does not provide for ‘provisional certifications or any other exceptions.”
Ragsdale said a decision to strictly enforce the 82-day deadline and keep Biden and Harris off the ballot would violate the constitution.