President Biden may not appear on the ballot in Ohio come Election Day, Ohio Secretary of State Frank LaRose warned Tuesday.

The Ohio Democratic Party has received weeks of warnings from both LaRose’s office and the state legislature saying that Biden is on track to miss the state’s deadline for filing as a candidate. LaRose, a Republican, says the Democratic Party has yet to offer a solution that fits with existing law.

Biden’s problems arise from Ohio’s requirement that parties certify their presidential candidates at least 90 days before Election Day. The Democratic Party won’t certify Biden until its national convention in Wisconsin, which is scheduled for Aug. 19, just 75 days before the election.

“I’ve said from here to Colorado that it’s in the best interest of voters to have a choice in the race for president. I’m also duty-bound to follow the law as Ohio’s chief elections officer,” LaRose said in a statement Tuesday.

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“As it stands today, the Democratic Party’s presidential nominee will not be on the Ohio ballot. That is not my choice. It’s due to a conflict in the law created by the party, and the party has so far offered no legally acceptable remedy,” he continued.

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“The Ohio House speaker said today there won’t be a legislative solution, so I’ve sent a letter to Ohio Democrats’ chair seeking (again) a solution that upholds the law and respects the voters. I trust they’ll act quickly,” he finished.

Ohio Democrats had previously argued that Ohio could accept a “provisional certification” for Biden’s candidacy, but LaRose says state law makes no such allowances.

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LaRose said either the state legislature needs to change the law to allow Biden’s certification, or the Democratic Party needs to change its plans. Ohio House Speaker Jason Stephens, also a Republican, says lawmakers won’t bail Biden out.

“There’s just not the will to do that from the legislature,” Stephens told reporters.

His Democratic counterpart, Ohio House Minority Leader Allison Russo, had the same message when speaking to reporters on Tuesday.

“We’ve seen the dysfunction here in this place,” she said. “And I think we’ve seen that folks have not been able to put aside partisanship and hyper-partisanship and infighting.… I think at this point, you’re probably going to see either, you know, some sort of inner party effects or perhaps court action.”

Ohio Gov. Mike DeWine, another Republican, assured voters that Biden would be on the ballot come November, arguing that if the legislature doesn’t act, then it’s “going to be done by the court.”

Ohio Democrats have yet to respond to LaRose’s Tuesday letter.

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