Ohio law and the planned date for the Democratic National Convention could keep President Joe Biden off the state’s November ballot.

Secretary of State Frank LaRose’s chief legal counsel wrote Ohio Democratic Party Chairwoman Liz Walters over the weekend, explaining the deadline to certify a presidential candidate in Ohio is Aug. 7.

The Democratic National Convention and nominating process is not scheduled to begin until Aug. 19 in Chicago. Biden has enough pledged delegates for the nomination and is the expected nominee.

According to state law, a political party nominating and certifying candidates must certify the names of the candidates to the secretary of state on or before the 90th day before the day of the general election.

LaRose council Paul Disantis said either state lawmakers must change the law or national Democrats must change their nominating date.

“Therefore, pending further clarification, 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,” Disantis wrote.

The Ohio Democratic Party has not responded to an email for comment from The Center Square.