In 2009, Ohio changed the deadline for a qualified party to certify the names of its presidential and vice-presidential nominees from 75 days before the general election, to 90 days before the general election. This was a very irrational act, because it is quite common for at least one of the major parties to hold its presidential convention after that deadline.

In 2012, the first year the conflict existed, the Ohio legislature during 2012 passed SB 509, moving the deadline for 2012 only to 60 days. This was done to help both major parties, because that year the Republican convention was August 27-30, and the Democratic convention was September 4-6.

There was no problem in 2016, because both major parties nominated in July. But in 2020, it would again have been a problem, because the Republican convention was set for August 24, 2020. So in 2019 the legislature again passed a bill setting the deadline at 60 days, to apply to 2020 only. That was in the budget bill, Am. Sub. HB 166, signed July 18,2019.

Now the problem has arisen for 2024, because the Democratic convention is August 19-22. See this story. It says the Ohio legislature may pass a bill changing the deadline. If it does not, the Democratic Party would have an easy lawsuit to strike down the deadline. This is exactly the type of lawsuit in which Trump v Anderson, the U.S. Supreme Court decision of last month, would be relevant. For Ohio to leave the Democratic nominees off the ballot would create the ballot access “patchwork” that the court unanimously felt was bad policy.

On Friday, April 5, leaders of the No Labels organization held a 20-minute zoom meeting with No Labels activists. The meeting was addressed by Mike Rawlings, Ben Chavis, Nancy Jacobson, and Jay Nixon. Approximately 725 people were on the call, but they were not able to ask any questions. The leaders said they are stopping the petitioning in states where it has been ongoing. They also said that No Labels is now on the ballot in 21 states.

Nothing was said about whether No Labels will try to stop individuals who might try to run for Congress and partisan state office in No Labels primaries, something that is possible in Florida, Hawaii, and Wisconsin. No Labels had sued in Arizona to stop such candidacies.

Nothing was said about whether No Labels will try to retract its qualified status in any of the states in which it is on the ballot.

Nothing was said about whether the organization will work for better ballot access. No Labels was handicapped because not all states have a procedure for a group to transform itself into a qualified party in advance of any particular election. The failure of Illinois, Indiana, and New York was especially a problem for No Labels. They couldn’t petition without a candidate in those states, and those states all have relatively early petition deadlines.