Ohio's AG says Democrats' plan is 'not provided for by law'
Ohio Attorney General Dave Yost's office rejected an effort by state Democrats to circumvent a key election deadline to allow President Biden on state ballots this week, according to documents obtained by Fox News Digital.
The documents show correspondence from Yost's office and Ohio Secretary of State Frank LaRose, as well as attorney Donald McTigue, who is representing Democrats on the matter.
LaRose, a Republican, had notified state Democrats earlier this month that the Democratic National Convention would not occur until more than a week after Ohio's Aug. 7 deadline for certifying presidential candidates. LaRose warned that either the Ohio assembly would have to vote to change the law, or Democrats would have to move up their plans for certifying Biden and Vice President Kamala Harris.
McTigue responded in an April 9 letter, arguing the Secretary of State had the authority to accept a provisional certification of Biden and Harris' nominations prior to the official certification at the party's convention.
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Ohio Attorney General Dave Yost's office rejected an effort by state Democrats to circumvent a key election deadline to allow President Biden on state ballots this week, according to documents obtained by Fox News Digital. (AP Photo/Patrick Semansky)
He claimed Ohio law allows for a provisional move because Biden and Harris "have secured the pledged delegates necessary to become the party's nominees."
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LaRose then consulted with Yost's office about the proposed solution, but the attorney general shot down the plan in a statement on Monday.
"The Democratic Party’s notion of providing a ‘provisional certification’ by the statutory deadline simply is not provided for by law," Yost's office said. "Instead, the law mandates the Democratic Party to actually certify its president and vice-president candidates on or before August 7, 2024. No alternative process is permitted."
President Biden and Vice President Kamala Harris are not set to be officially certified as the Democratic Party's nominees until more than a week after Ohio's deadline. (AP Photo/Jacquelyn Martin)
"Thus, the Secretary of State lacks authority to accept ‘provisional certifications’ from the Democratic Party pursuant to [the law]. The Democratic Party must actually certify its presidential candidates on or before August 7, 2024 to be placed on the 2024 General Election ballot," the statement continued.
McTigue has yet to offer a response to the attorney general's office, and he did not immediately respond to a request for comment from Fox News Digital.
Ohio Secretary of State Frank LaRose.
Meanwhile, Biden's campaign continues to insist that he will be on the ballot in "all 50 states."
Read the full response to McTigue from Yost's office below:
Read McTigue's proposal for a "provisional certification below:
Anders Hagstrom is a reporter with Fox News Digital covering national politics and major breaking news events. Send tips to