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Biden could be left off Alabama's general election ballot if key deadline is missed, election official warns

Alabama Secretary of State Wes Allen told Democratic Party officials Biden's name may not appear on the state's general election ballot if a key deadline is missed.

President Biden's name may not appear on another state's general election ballot in November after Alabama's chief election official warned Democrats about missing a key deadline in the state's election process.

In a letter sent Tuesday to officials of both the Alabama Democratic Party and the Democratic National Committee (DNC), Alabama Secretary of State Wes Allen, a Republican, said the Democrats' national convention is scheduled to occur past the deadline for certifying a presidential candidate in Alabama.

Allen said the party must provide state officials with a certificate of nomination for president and vice president of the United States no later than Aug. 15 to appear on the Yellowhammer State's general election ballot.

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"It has recently come to my attention that the Democratic National Convention is currently scheduled to convene on August 19, 2024, which is after the State of Alabama’s statutory deadline for political parties to provide a certificate of nomination for President and Vice President on August 15, 2024," Allen wrote in the letter. "The certificate of nomination must be signed by the presiding officer and secretary of the convention and by the chair of the state executive committee of the political party making the nomination.

"If this Office has not received a valid certificate of nomination from the Democratic Party following its convention by the statutory deadline, I will be unable to certify the names of the Democratic Party’s candidates for President and Vice President for ballot preparation for the 2024 general election."

Allen's letter was sent to Randy Kelley, chair of the Alabama Democratic Party, as well as Jaime Harrison, chair of the DNC.

In his letter, Allen cited Alabama code section 17-14-31(b), which states that the parties must certify their candidates "no later than the 82nd day preceding the day fixed for the election."

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The general election for president and vice president is scheduled for Nov. 5, 2024, meaning the 82nd day preceding it would be Aug. 15, 2024, four days before the National Democratic Convention is slated to begin.

Fox News Digital did not receive an immediate response to Allen's letter from Biden's re-election campaign, the Alabama Democratic Party or the DNC.

Allen's letter to Democratic Party officials came after Ohio Secretary of State Frank LaRose, a Republican, issued a similar warning to party officials Friday.

In his letter, LaRose warned the Democrats their party's national convention is scheduled to occur after Ohio's deadline for certifying a presidential candidate.

"The Democratic National Convention is scheduled to convene on August 19, 2024, which occurs more than a week after the August 7 deadline to certify a presidential candidate to the office," LaRose wrote to Ohio Democratic Party Chair Liz Walters.

LaRose's legal counsel, Paul Disantis, wrote in the letter, "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."

Fox News' Anders Hagstrom and Andrew Mark Miller contributed to this report.

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