Ballot access for major and minor party candidates

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Ballot access
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Ballot access for major and minor party candidates
Ballot access for presidential candidates
List of political parties in the United States
State information
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Note: This page is not intended to serve as a manual for candidates. Individuals who are interested in running for office should contact their state election agencies for more information about specific filing processes and requirements.
In order to get on the ballot, a candidate or party must meet a variety of complex, state-specific filing requirements and deadlines. These regulations, known as ballot access laws, determine whether and how a candidate or party can appear on an election ballot. These laws are set at the state level and apply to state and congressional candidates.
State lawmakers have developed ballot access procedures in an effort to prevent non-serious candidates from appearing on the ballot; meanwhile, critics contend that stringent ballot access requirements discourage candidate and voter participation in the electoral process.

There are three basic methods by which an individual may become a candidate for office in a state.

  1. An individual can seek the nomination of a state-recognized political party.
  2. An individual can run as an independent. Independent candidates often must petition in order to have their names printed on the general election ballot.
  3. An individual can run as a write-in candidate.

For additional information about ballot access requirements for presidential candidates, see this article.

Political parties

See also: List of political parties in the United States

As of April 2016, there were at least 28 distinct ballot-qualified political parties in the United States. There were 214 state-level parties. Some parties are recognized in multiple states. For example, both the Democratic Party and the Republican Party are recognized in all 50 states and Washington, D.C. These two parties account for 102 of the 214 total state-level parties.[1][2]

Only parties that have qualified for ballot status in their respective states are included in this tally. In order to become ballot-qualified, a party must meet certain requirements. For example, in some states, a party's candidate for a specific office must win a certain percentage of the vote in order for the party to be ballot-qualified in the state. In other states, a political party must register a certain number of voters in order to achieve ballot status.[1]

Three minor parties were recognized in more than 10 states as of April 2016:[1]

  1. Libertarian Party: 33 states
  2. Green Party: 21 states[3]
  3. Constitution Party: 15 states

The table below lists the distinct ballot-qualified political parties in the United States as of April 2016. Please note that some states have provisions for parties to place presidential candidates on the ballot; this is not equivalent to full ballot qualification, which is what is tallied in this table. For information about which parties qualified for presidential ballot access in 2016, see here.[1]

Total state affiliates for each political party, April 2016
Political party Number of states
America First Party 1
America's Party 1
American Party 1
American Shopping Party 1
Americans Elect Party 1
Conservative Party 1
Constitution Party 15
Democratic Party 51
Ecology Party 1
Grassroots Party 1
Green Party 21
Justice Party 1
Labor Party 1
Legal Marijuana Now Party 1
Libertarian Party 33
Liberty Union Party 1
Moderate Party 1
Mountain Party 1
Natural Law Party 1
Party for Socialism and Liberation 1
Peace and Freedom Party 1
Progressive Party 2
Reform Party 4
Republican Party 51
United Citizens Party 1
Various parties calling themselves
"Independent" or "Independence" parties		 14
Women's Equality Party 1
Working Families Party 4
TOTAL 214
Note: The Constitution Party's 15 state-level affiliates include Nevada's Independent American Party and Michigan's U.S. Taxpayers Party.

The number of ballot-qualified political parties fluctuates regularly, as parties gain or lose qualified status. In addition, some states distinguish between "major" parties and "minor" parties. Specific differences between major and minor parties differ from state to state. For example, in all states, major parties are granted access to primary elections. Some states, however, do not permit minor parties to participate in primary elections. Consequently, minor party candidates in these states can run only in general elections.[1]

The table below lists the ballot-qualified political parties in each state as of April 2016.[1]

Voter preference for a third party

According to an October 2013 Gallup poll conducted during the first week of the federal government shutdown, 60 percent of Americans felt "the Democratic and Republican parties do such a poor job of representing the American people that a third major party is needed." Voter preference for a third major party increased 20 percent between 2003 and 2013, from a low of 40 percent in 2003 (the first year Gallup conducted this poll).[4]

Perceived need for a third party
Poll Existing parties do adequate job Third party needed No opinion
Gallup
October 3-6, 2013 		26% 60% 14%
Gallup
September 6-9, 2012 		45% 46% 9%
Gallup
September 8-11, 2011 		38% 55% 8%
Gallup
April 20-23, 2011 		40% 52% 8%
Gallup
August 27-30, 2010 		35% 58% 7%
Gallup
September 8-11, 2008 		47% 47% 6%
Gallup
September 14-16, 2007 		39% 57% 4%
Gallup
July 6-8, 2007 		33% 58% 10%
Gallup
September 7-10, 2006 		45% 48% 7%
Gallup
October 10-12, 2003 		56% 40% 4%
Averages 40.40% 52.10% 7.70%
Note: Exact question asked in the survey: "In your view, do the Republican and Democratic parties do an adequate job of representing the American people, or do they do such a poor job that a third major party is needed?
Source: Gallup, "In U.S., Perceived Need for Third Party Reaches New High," October 11, 2013

Minor parties in gubernatorial races

The following table includes state-by-state information on when a minor party's candidate for governor last won at least 5 percent of the vote. In four states (Maryland, South Carolina, Tennessee and Wyoming), a minor party candidate for governor has not won 5 percent or more of the vote since the 19th century. Only 17 states saw minor party candidates win at least 5 percent of the vote for governor between 1982 and 2012. The information was compiled by Richard Winger of Ballot Access News.[5]

When did a minor party last poll 5% for governor?[5]
State Candidate Party Year Percent
Alabama John Logan Cashin National Democratic 1970 14.70%
Alaska Walter J. Hickel Alaskan Independence 1990 38.90%
Arizona Sam Steiger Libertarian 1982 5.10%
Arkansas Walter Carruth American 1970 5.90%
California Peter Camejo Green 2002 5.30%
Colorado Tom Tancredo Constitution 2010 36.40%
Connecticut Lowell Weicker A Connecticut Party 1990 40.40%
Delaware Isaac Dolphus Short Independent Republican Party 1936 6.60%
Florida Sidney J. Catts Prohibition 1916 47.70%
Georgia James K. Hines People's 1902 5.50%
Hawaii Frank F. Fasi Best 1994 30.70%
Idaho W. Scott Hall Progressive 1926 28.40%
Illinois Richard Whitney Green 2006 10.40%
Indiana Albert J. Beveridge Progressive 1912 26.00%
Iowa John L. Stevens Progressive 1912 15.60%
Kansas Henry J. Allen Progressive 1914 15.90%
Kentucky Gatewood Galbraith Reform 1999 15.40%
Louisiana John M. Parker Progressive 1916 37.20%
Maine Patricia LaMarche Green 2006 9.60%
Maryland Thomas Holiday Hicks American 1857 54.90%
Massachusetts Frank A. Goodwin Equal Tax 1934 6.40%
Michigan Henry R. Pattengill Progressive 1914 8.30%
Minnesota Tom Horner Independence 2010 11.90%
Mississippi J. T. Lester Socialist 1915 7.40%
Missouri Albert D. Nortoni Progressive 1912 15.60%
Montana Frank J. Edwards Farmer-Labor 1924 6.10%
Nebraska Dan Butler Progressive 1924 7.90%
Nevada James Ray Houston Independent American 1974 15.50%
New Hampshire Meldrim Thomson American 1970 9.90%
New Jersey Everett Colby Progressive 1913 11.00%
New Mexico David E. Bacon Green 2002 5.50%
New York Carl Paladino Conservative[6] 2010 5.00%
North Carolina Iredell Meares Progressive 1912 20.40%
North Dakota Alvin C. Strutz Independent Republican Party 1944 18.80%
Ohio James R. Garfield Progressive 1914 5.40%
Oklahoma Fred W. Holt Socialist 1914 20.80%
Oregon W. J. Smith Socialist 1914 5.80%
Pennsylvania Peg Luksik Constitution 1998 10.40%
Rhode Island Ken Block Moderate 2010 6.50%
South Carolina Sampson Pope People's 1894 30.40%
South Dakota Tom Ayres Farmer-Labor 1926 6.50%
Tennessee A. L. Mims People's 1894 9.90%
Texas Ramsey Muniz La Raza Unida 1974 5.60%
Utah Merrill Cook Independent Party 1992 33.50%
Vermont Anthony Pollina Progressive 2008 21.90%
Virginia Rob Sarvis Libertarian 2013 6.50%
Washington Vick Gould Taxpayer's 1972 5.90%
West Virginia Walter B. Hilton Socialist 1912 5.60%
Wisconsin Ed Thompson Libertarian 2002 10.50%
Wyoming Lewis C. Tidball People's 1894 11.30%

Yearly deadlines

2016

See also: Ballotpedia's American Political Calendar

For a list of candidate ballot access deadlines and election dates by state, see the table below. Use the tabs at the bottom of the table to navigate between election dates, ballot access deadlines, and local election dates.


Court cases

United States Supreme Court

Williams v. Rhodes

See also: Williams v. Rhodes

Decided by the United States Supreme Court in 1968, Williams v. Rhodes held that state laws regulating the selection of presidential electors must meet the requirements of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution.[8]

Bullock v. Carter

See also: Bullock v. Carter

Decided by the United States Supreme Court in 1972, Bullock v. Carter held that the Texas primary filing fee system, which required the payment of fees as high as $8,900, violated the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. The court found that, under this system, "many potential office seekers lacking both personal wealth and affluent backers are, in every practical sense, precluded from seeking the nomination of their chosen party, no matter how qualified they might be and no matter how broad or enthusiastic their popular support."[9][10]

Lubin v. Panish

See also: Lubin v. Panish

Lubin v. Panish, decided by the United States Supreme Court in 1974, held that, absent alternative means of ballot access, states cannot require indigent candidates to pay filing fees they cannot afford. To do so violates the Equal Protection Clause of the Fourteenth Amendment, as well as the rights of expression and association guaranteed by the First and Fourteenth Amendments of the United States Constitution.[11]

Storer v. Brown

See also: Storer v. Brown

Storer v. Brown, decided by the United States Supreme Court in 1974, upheld as constitutional a California law forbidding ballot access to independent candidates who had been registered with a qualified political party within one year prior to the immediately preceding primary election. The ruling also established a test to gauge the level of burden imposed by signature requirements: if the number of signatures required is divided by the number of eligible signers and the resulting percentage is greater than five percent, the requirement is likely unconstitutional.[12]

Illinois v. Socialist Workers Party

See also: Illinois State Board of Elections v. Socialist Workers Party

Decided by the United States Supreme Court in 1979, the ruling in Illinois State Board of Elections v. Socialist Workers Party rendered unconstitutional an Illinois statutory requirement that new political parties and independent candidates for elections in political subdivisions (specifically, Chicago) gather more than the number of signatures required for elections for statewide office.[13]

Anderson v. Celebrezze

See also: Anderson v. Celebrezze

Anderson v. Celebrezze, a case decided by the United States Supreme Court in 1983, held that Ohio's early filing deadline for independent presidential candidates violated the First and Fourteenth Amendments of the United States Constitution, placing an unconstitutional burden on the voting and associational rights of supporters of independent presidential candidates.[14][15]

Norman v. Reed

See also: Norman v. Reed

Decided by the United States Supreme Court in 1992, Norman v. Reed held that it was unconstitutional for the state of Illinois to require a new political party and its candidates to gather more than 25,000 signatures (the threshold for statewide office) to participate in elections for offices in political subdivisions. The ruling was, in part, a reaffirmation of the court's earlier decision in Illinois State Board of Elections v. Socialist Workers Party.[16]

U.S. Term Limits, Inc. v. Thornton

See also: U.S. Term Limits, Inc. v. Thornton

U.S. Term Limits, Inc. v. Thornton was a 1995 case in which the United States Supreme Court decided against U.S. Term Limits, ruling that states cannot impose qualifications for prospective members of Congress stricter than those specified in the Constitution. The decision invalidated congressional term limits provisions in 23 states.[17]

See also

Click a state below to learn more about ballot access provisions in that state.

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Jerrick Adams, "Research of state election agency websites and email correspondence with state election agencies," April 2016
  2. ↑ As of April 2016, there were 15 state-level parties that called themselves "Independent" or "Independence" parties. For the purposes of this article, these were not tallied when counting the number of distinct ballot-qualified parties in the United States because it is difficult to determine to what extent these various parties are affiliated with one another.
  3. ↑ This figure includes the D.C. Statehood Green Party, Maine's Green Independent Party, and Oregon's Pacific Green Party.
  4. ↑ Gallup, "In U.S., Perceived Need for Third Party Reaches New High," October 11, 2013
  5. ↑ 5.0 5.1 Ballot Access News, "December 2013 Ballot Access News Print Edition," December 31, 2013
  6. ↑ Paladino also appeared on the Republican and T.E.A. (Tax Enough Already) party lines. New York's fusion voting laws allow candidates to qualify for the ballot on multiple party tickets.
  7. ↑ 7.0 7.1 Ballot Access News, "January 2014 Print Edition," January 2014
  8. ↑ Justia.com, "Williams v. Rhodes - 393 U.S. 23 (1968)," accessed December 26, 2013
  9. ↑ Justia.com, "Bullock v. Carter - 405 U.S. 134 (1972)," accessed December 26, 2013
  10. ↑ Frontline, "The Constitution and Campaign Finance: A Legal Movement for Change," accessed December 26, 2013
  11. ↑ Justia.com, "Lubin v. Panish - 415 U.S. 709 (1974)," accessed December 26, 2013
  12. ↑ Justia.com, "Storer v. Brown - 415 U.S. 724 (1974)," accessed April 1, 2014
  13. ↑ Justia.com, "Illinois State Bd. of Elections v. Socialist Workers Party - 440 U.S. 173 (1979)," accessed December 26, 2013
  14. ↑ Justia.com, "Anderson v. Celebrezze - 460 U.S. 780 (1983)," accessed December 26, 2013
  15. ↑ Oyez Project - U.S. Supreme Court Media - IIT Chicago-Kent College of Law, "Anderson v. Celebrezze," accessed December 26, 2013
  16. ↑ Justia.com, "Norman v. Reed - 502 U.S. 279 (1992)," accessed December 27, 2013
  17. ↑ Justia.com, "U.S. Term Limits, Inc. v. Thornton - 514 U.S. 779 (1994)," accessed December 27, 2013

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This article is curated by the Public Policy Desk:
 Chris Nelson • Jerrick Adams • Sarah Groat • Taylor Kempema • Adam Vaughn
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