Ohio Elections Official Threatens to Exclude Biden From the Ballot

The Ohio General Assembly adjourned on Wednesday without addressing an issue that the state’s top elections official said would prevent President Biden from being placed on the ballot there, escalating a partisan clash that could result in the president not being on the ballot in all 50 states in November.

Frank LaRose, the Republican secretary of state, has said that he plans to exclude Mr. Biden from the ballot because he will be officially nominated after a deadline for certifying presidential nominees on the ballot. This is usually a minor procedural issue, and states have almost always offered a quick solution to ensure that major presidential candidates remain on the ballot.

The Biden campaign is considering suing the state in order to ensure Mr. Biden is on the ballot, while also searching for some other way to resolve the issue without moving the date of the nominating convention, according to a person with knowledge of the deliberations.

A legal fight could be expensive and arduous. The Supreme Court recently ruled that states could not bar Mr. Trump from running for another term under a constitutional provision, Section 3 of the 14th Amendment, that prohibits insurrectionists from holding office. But it took six months of legal wrangling before the court put that issue to bed.

Ohio is not considered a swing state — Mr. Trump won there with an eight-point edge in 2020 — but the Biden campaign could be drawn into a monthslong legal battle to ensure that the president is on the ballot in all 50 states.

A legislative fix, which would have pushed back the certification deadline to accommodate the late date of the Democratic National Convention, stalled out this month as Republicans in the Ohio Senate tacked on a partisan measure that would ban foreign donations to state ballot initiatives. Mr. LaRose has previously said that passing the ban is the price that Democrats must pay to ensure that Mr. Biden is on the ballot, and that he would otherwise enforce the law as written.