Alabama House committee approves bill to ensure ballot access for Joe Biden, Kamala Harris

President Joe Biden is shown at a rally in Bowie, Maryland, on Nov. 7, 2022. (Danielle Gaines/States Newsroom)

The Alabama House Constitution, Campaigns and Elections committee Wednesday approved a time extension to place President Joe Biden and Vice President Kamala Harris on the state ballot in November.

HB 448, sponsored by House Minority Leader Anthony Daniels, D-Huntsville, would extend the deadline to certify candidates for the November general election from Aug. 15 to Aug. 23, allowing the Democratic National Committee (DNC) to notify the state of Biden and Harris’ nominations. 

The bill passed on a voice vote and with little discussion. The Senate Judiciary Committee Wednesday approved SB 324, a similar bill sponsored by Sen. Merika Coleman, D-Pleasant Grove.

Rep. Kenyatte Hassell, D-Montgomery, in the chamber of the Alabama House of Representatives on Tuesday, June 6, 2023. (Stew Milne/Alabama Reflector)

Rep. Kenyatté Hassell, D-Montgomery, who presented the bill in committee, said after the meeting he’s glad that the bill is moving quickly.

“This is America, right? We’ve got a democracy, so with democracy, we’ve got to make sure that people get a fair chance to vote where for who they want to vote,” Hassell said.

In a letter to the DNC and the Alabama Democratic Party last week, Alabama Secretary of State Wes Allen, said Democrats must submit their party’s certified candidates by Aug. 15, 82 days ahead of the election. The Democratic National Convention is scheduled to begin on Aug. 19.

If the party misses the deadline, Allen wrote, the president and vice president may not appear on the state’s ballot in November.

The Democratic National Convention is scheduled to conclude on Aug. 22. Daniels’ bill would push the certification deadline to the day after the Democratic National Convention concludes.

The Biden campaign sent a letter to the Secretary of State office on April 10 proposing Democrats submit a provisional certification before the deadline and submit a formal certification after the convention, and hinted at litigation if the proposal is not accepted.

In 2020, the Alabama Legislature approved an extension of the certification deadline from Aug. 13 to Aug. 20 to allow then-President Donald Trump to qualify for the ballot.

The Republican Party submitted a provisional certification on the deadline, which came before the start of the Republican National Convention on Aug. 24, and the official certification seven days later.

Allen doubled down on his stance and said that the law does not provide exceptions.

“On January 16, 2023, I took an oath to uphold Alabama law and that is what I am going to do. My office will accept all certifications that comply with Alabama [law]. That statute does not provide for ‘provisional certifications’ or any other exceptions,” he said in a statement to the Reflector then.

Rep. Bob Fincher, R-Woodland and House Speaker Pro Tem Chris Pringle, R-Mobile, speak on the floor of the Alabama House of Representatives on Feb. 15, 2024 in Montgomery, Alabama. Representatives Thursday debated a comprehensive gambling measure. (Brian Lyman/Alabama Reflector)

Rep. Bob Fincher, R-Woodland, the chair of the committee, noted that this is not the first time the Legislature had to address this issue.

“This is, by the way, not the first time we’ve run into this problem, we’ve run into that before, and we had to make changes,” Fincher said.

Rep. Chris Pringle, R-Mobile, asked whether this would be a permanent fix. Fincher said the bill would only address this year’s deadline.

Hassell said that aside from getting Biden on the ballot, the state should consider a permanent solution.

“We need to find some type of solution, kind of permanent, to fix this issue, but I’m glad to be able to move fast so we can make sure we rectify this problem,” Hassell said.

Updated at 1:33 p.m. with a Senate committee approving SB 324, a similar piece of legislation.

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