Ohio secretary of state's counsel warns Biden may not be on state's ballot due to DNC's late nomination process

The Ohio Secretary of State's office said there was an "apparent conflict" in the state's law which could impact Biden's chance to be on the ballot.

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Incumbent President Joe Biden could be facing an uphill battle to get on the Ohio ballot for the 2024 election due to the delay in the Democratic National Committee's (DNC) presidential nomination process. 

In a letter obtained by ABC News, legal counsel for the Ohio Secretary of State Frank LaRose asked for clarification in the DNC's nomination process where there was "an apparent conflict in Ohio law" concerning a deadline. The document was sent to Ohio Democratic Chair Liz Walters on Friday.  

The DNC's convention is scheduled to take place on August 19 and will take place more than a week after the August 7 deadline in the state to certify the presidential candidate in the state of Ohio to be on the ballot. The legal counsel Paul Disantis requested “prompt attention to the matter." 

"I am left to conclude that the Democratic National Committee must either move up its nominating convention or the Ohio General Assembly must act by May 9, 2024 (90 days prior to a new law's effective date) to create an exception to this statutory requirement," Disantis wrote. 

Top Ohio Democrats were copied on the letter to Walters, including Ohio House Minority Leader Allison Russo, and Ohio Senate Minority Leader Nickie Antonio. 

The state, which has long been a battleground swing state for presidential elections, has swung to the right in more recent years with the state voting on behalf of Trump in both 2016 and 2020.  

"We’re monitoring the situation in Ohio and we’re confident that Joe Biden will be on the ballot in all 50 states," a Biden campaign official told the outlet.  

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