Florida silent on Harris ballot access, but experts say it’s not an issue
Published 5:15 pm Friday, July 26, 2024
- A voter prepares to cast her ballot on Election Day at Precinct No. 516 in the North Greenwood Recreation Complex on Nov. 3, 2020, in Pinellas County, Florida. (Douglas R. Clifford/Tampa Bay Times/TNS)
ORLANDO, Fla. — Forty-eight out of 50 states told CNN on Friday that Vice President Kamala Harris would have no problem appearing on ballots in November as her party’s presidential candidate, but Florida was not among them.
But election experts see no way for Florida to try to keep Harris off the ballot since Democrats have not yet held their convention, and it is standard practice for parties to officially decide on their nominee at those events.
Matt Isbell, a Democratic elections analyst, said the law was so clear he would predict a 9-0 decision in favor of Harris by the U.S. Supreme Court, if any state tried to keep her off the ballot.
The Florida Division of Elections did not respond to CNN when asked if there was any truth to Republican House Speaker Mike Johnson’s claim that there would be unnamed “impediments” to Harris’ name being listed as the Democratic choice.
A spokesman for the Florida Department of State, which oversees the elections division, did not respond to an Orlando Sentinel request for comment, either.
All other states except Florida and Montana told CNN that Harris taking over after President Joe Biden dropped out on Sunday was not an issue at all, as the Democratic National Convention hasn’t happened yet and no one has yet been officially nominated.
There had been a question of even Biden making the ballot in Republican-controlled Ohio, after its secretary of state Frank LeRose said he would no longer make an exception for Ohio’s early deadline and wait until the convention as in years past. His stance led to a planned Democratic nomination by virtual roll call in late July.
But Ohio Gov. Mike DeWine, also a Republican, called a special session to specifically pass a bill to secure Biden’s, and now presumably Harris’, place on the ballot.
Isbell said that issues can come up if a candidate dies just before the election, as Orange County Tax Collector Earl Wood did in 2012. Then, as ballots were already printed, the Democratic Party chose Scott Randolph as its candidate and a vote for Wood was considered a vote for Randolph.
“We’ve had that countless times in elections in this state, and we’re not even at that point,” Isbell said. “We’re here in July. We haven’t had our convention yet,” he said. “There’s no basis in law this far out.”
Michael McDonald, a professor of political science at the University of Florida, agreed that standard practice is for a nominee to be officially decided at the convention, which for the incumbent party has traditionally been held in August and even early September, as the GOP did in 2008.
Still, the Democrats are planning to hold a virtual nomination process by Aug. 7 as a precaution against any state that planned to use an early deadline as a reason to exclude Harris.
“I do not think it would be good messaging for Florida to try and keep Harris off,” McDonald said.
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