Ohio Election Law Appears to Require All Qualified Parties to Certify National Nominees by August 8, Before Major Party National Conventions

In 2010, the Ohio election law was amended to require all qualified parties to certify the names of their presidential and vice-presidential nominees by 90 days before the general election. In 2012, that would be August 8. However, neither the Democratic Party, nor the Republican Party, will have held their national conventions that early.

The Ohio law is section 3505.10(B). It says the November ballot, in presidential years, will include “the names of the candidates for president and vice-president certified to the secretary of state or nominated in one of the following manners: (1) Nominated by the national convention of a political party to which delegates and alternates were elected in this state at the next preceding primary election. A political party certifying candidates so nominated shall certify the names of those candidates to the secretary of state on or before the 90th day before the day of the general election.”

Texas had a similar problem in 2008. The law required the names to be certified by a date that was earlier than the date of the Republican and Democratic national conventions. The Secretary of State did not enforce the deadline in 2008, and in 2009 the Texas legislature repealed the deadline. The Ohio legislature is still in session so it could fix the problem if it wished.


Comments

Ohio Election Law Appears to Require All Qualified Parties to Certify National Nominees by August 8, Before Major Party National Conventions — No Comments

  1. Pingback: Ohio Law Requires Parties to Certify Presidential Nominees Before Convention « As Ohio Goes, So Goes the Nation

  2. In 2005, Texas had changed its deadline for receiving the nomination from the party 60 days to 70 days. At that time the law for overseas voters did not have a specific deadline, but “best practice” was considered to be 45 days. So the deadline for the SOS certifying candidates for the general election had been increased from 55 to 62 days. For some reason, one deadline was changed by 7 days; while the other was changed by 10.

    In any event, there was enough time to get the certification to the counties in time for them to print their ballots.

    It would be pretty ridiculous to ensure that military voters had a chance to vote in presidential elections, but they couldn’t vote for the presidential candidates.

    In 2009, Texas changed the deadline for receiving presidential nominations to the later of 70 days, or one day after the last day of the national convention; and the certification date to later of 62 days or 2 days after the end of the convention.

    In 2011, Texas changed the 62 to 68 days. So it is almost certain that certification of some presidential candidates will be after the certification of all the other candidates on the ballot. Presumably, ballot layout can proceed during this time.

  3. What should really happen is that the federal government should conduct overseas voting at military installations, embassies, and consulates.

    There needs to be one contact in each state so the overseas voting center can download a ballot, print it, give it to the voter, and then return the ballot later (or if it can done securely electronically, do it that way).

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