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Yes, Kamala Harris can be on the ballot in Alabama

Now endorsed by the Alabama Democratic Party, Kamala Harris will be on the November ballot if she wins the nomination.

Vice President Kamala Harris participates in a roundtable conversation at a "Fight for Reproductive Freedoms" tour stop at Fountain Street Church, Thursday, February 22, 2024, in Grand Rapids, Michigan. Official White House Photo by Lawrence Jackson
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Since President Joe Biden announced he would not be running for re-election on Sunday, Vice President Kamala Harris has only continued to collect endorsements from fellow Democrats.

On Monday, the Alabama Democratic Party officially endorsed Harris’ candidacy. Party chairman Randy Kelley wrote in a statement that Alabama Democrats “must unite behind Vice President Harris as the Democratic Party nominee and pledge our full support.”

And despite early rumors, West Virginia Senator Joe Manchin announced he would not be pursuing the nomination on “CBS Mornings” yesterday.

But with Biden’s withdrawal coming after the last presidential primaries were held, many were initially concerned about the possibilities of Republican lawsuits preventing Harris from being on ballots this November.

Mike Howell, the executive director of the conservative Heritage Foundation’s Oversight Project, wrote a memo in June about the “potential for pre-election litigation in some states.” Most other election law experts have dismissed these claims out of hand.

In Alabama at least, Harris will have no trouble getting on the ballot if she is officially selected as the Democratic Party’s nominee.

Alabama Secretary of State Wes Allen clarified in a statement released to the press on Sunday that “major parties have until August 23, 2024 to certify to the Secretary of State’s office their Presidential and Vice-Presidential candidates in accordance with Alabama Code Section 17-14-31.”

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In April, Allen had told the state Democratic Party that Biden might not be able to be on the ballot in November. This year’s Democratic National Convention, when the Democratic candidate will be officially nominated, won’t begin until August 19 and the state deadline to confirm candidates was initially August 15.

However, as APR reported, a bill extending the deadline to August 23 quickly flew through the state legislature and was signed by Gov. Kay Ivey.

With the deadline now the day after the end of the DNC, Democrats should have no problems getting the Democratic nominee on the November ballot.

But Allen also stated there is presently “no mechanism available for a political party to withdraw or substitute their Presidential candidate after they have been certified to the Secretary of State”—major party candidates will be certified on August 28. It is highly, highly unlikely that the Democratic or Republican nominees will change after this date though.

It’s also unlikely that the Democratic Party’s nomination of Harris will be a real buzzer beater. With a majority of delegates to the DNC now supporting Harris, including Alabama’s delegation, and a virtual roll call still scheduled for the first week of August, Harris will probably be confirmed as the party’s nominee weeks before the DNC.

Chance Phillips is a contributing reporter at the Alabama Political Reporter. You can reach him at cphillips@alreporter.com.

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