Changes to ballot access procedures in the 2021 election cycle

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Note: This article is not intended to serve as a guide to running for public office. Individuals should contact their state election agencies for further information.

Ballot access laws determine whether a candidate or political party will appear on an election ballot. These laws are set at the state level. A candidate must prepare to meet ballot access requirements well in advance of primaries, caucuses, and the general election.

In light of the ongoing coronavirus pandemic, the two states conducting regular state-level elections in 2021 – New Jersey and Virginia – both made changes to their candidate filing procedures. This article outlines those changes.

Changes by state

New Jersey

See also: Ballot access requirements for political candidates in New Jersey

On January 25, 2021, Governor Phil Murphy (D) issued Executive Order No. 216, which provided that filing officers "allow for any candidate, delegate, recall, initiative, referendum, or other petition required to be filed prior to an election to be submitted by hand delivery and electronically." The order also allowed for petition signatures to be collected electronically. The full text of Murphy's order can be accessed here.

New York

On March 29 2021, Governor Andrew Cuomo (D) signed A04686 into law. The bill lowered the petition signature requirement for unaffiliated candidates in general elections as follows:

• For offices filled in any county or portion thereof outside New York City: 750 (reduced from 1,500)
• For offices filled by all voters in New York City: 3,750 (reduced from 7,500)
• For offices filled by all voters of any two counties in New York City: 2,000 (reduced from 4,000)
• For offices filled by all voters in any borough or county in New York City: 2,000 (reduced from 4,000)
• For offices filled by all voters of a municipal court district in New York City: 1,500 (reduced from 3,000)
• For offices filled by all voters in a city council district in New York City: 1,350) reduced from 2,700)

The bill's provisions applied only to the 2021 election cycle.

On January 28, 2021, Cuomo signed S2733 into law. The bill lowered the petition signature requirement for candidates in primary elections as follows:

• New York City citywide petitions: 2,250 (originally 7,500)
• Borough-wide petitions: 1,200 (originally 4,000)
• Other local office petitions: 1.5 percent of registered party members in the district (originally 5 percent)

The bill's provisions applied only to the 2021 election cycle.

Virginia

See also: Ballot access requirements for political candidates in Virginia

In January 2021, the Virginia Department of Elections settled a lawsuit over ballot access requirements for statewide candidates in 2021. As a result of the settlement, the signature requirement for statewide petitions was reduced from 10,000 to 2,000, with at least 50 signatures from each U.S. House District (as opposed to the statutory requirement of 400 signatures per district). The settlement also provided for petition signers to submit their signatures electronically.

Ballot access requirements and filing deadlines, 2021

The table below outlines petition requirements, filing fees, and filing deadlines for gubernatorial and state legislative elections in 2021.

Filing requirements for gubernatorial candidates, 2021
State	Office	Party	Signatures required	Signature formula	Filing fee	Filing fee formula	Filing deadline	Source
New Jersey	Governor	Democratic	1,000	Fixed number	N/A	N/A	4/5/2021	Source
New Jersey	Governor	Republican	1,000	Fixed number	N/A	N/A	4/5/2021	Source
New Jersey	Governor	Unaffiliated	800	Fixed number	N/A	N/A	6/8/2021	Source
Virginia	Governor	Democratic	2,000 signatures, including at least 50 valid signatures from each congressional district	Fixed number	$3,500.00	2% of annual salary	3/25/2021	Source
Virginia	Governor	Republican	2,000 signatures, including at least 50 valid signatures from each congressional district	Fixed number	$3,500.00	2% of annual salary	3/25/2021	Source
Virginia	Governor	Unaffiliated	2,000 signatures, including at least 50 valid signatures from each congressional district	Fixed number	N/A	N/A	6/8/2021	Source

Filing requirements for state legislative candidates, 2021
Chamber name	Party	Signatures required	Filing fee	Filing deadline	Source
New Jersey General Assembly	Democratic	100	N/A	4/5/2021	Source
New Jersey General Assembly	Republican	100	N/A	4/5/2021	Source
New Jersey General Assembly	Unaffiliated	100	N/A	6/8/2021	Source
New Jersey State Senate	Democratic	100	N/A	4/5/2021	Source
New Jersey State Senate	Republican	100	N/A	4/5/2021	Source
New Jersey State Senate	Unaffiliated	100	N/A	6/8/2021	Source
Virginia House of Delegates	Democratic	125	$352.80	3/25/2021	Source
Virginia House of Delegates	Republican	125	$352.80	3/25/2021	Source
Virginia House of Delegates	Unaffiliated	125	N/A	6/8/2021	Source

See also

• Changes to election dates, procedures, and administration in response to the coronavirus (COVID-19) pandemic, 2020
• Ballot access requirements for political candidates in New Jersey
• Ballot access requirements for political candidates in Virginia

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