Ballot access requirements for presidential candidates in Oregon
In order to get on the ballot in Oregon, a candidate for president of the United States must meet a variety of complex, state-specific filing requirements and deadlines. These regulations, known as ballot access laws, determine whether a candidate or party will appear on an election ballot. These laws are set at the state level. A presidential candidate must prepare to meet ballot access requirements well in advance of primaries, caucuses and the general election. State lawmakers have developed these 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 president of the United States.
- An individual can seek the nomination of a political party. Presidential nominees are selected by delegates at national nominating conventions. Individual states conduct caucuses or primary elections to determine which delegates will be sent to the national convention.[1]
- An individual can run as an independent. Independent presidential candidates typically must petition in each state in order to have their names printed on the general election ballot.[1]
- An individual can run as a write-in candidate.[1]
The information on this page applies only to presidential candidates. For additional information about ballot access requirements for state and congressional candidates, see this page.
Year-specific dates
The calendar below lists important filing deadlines in Oregon for the 2016 presidential election. For information about campaign finance reporting deadlines, see below.
| Dates and requirements for presidential candidates in 2016 | |||
|---|---|---|---|
| Deadline | Event type | Event description | |
| March 8, 2016 | Ballot access | Filing deadline for primary candidates | |
| May 17, 2016 | Election date | Presidential preference primary | |
| August 30, 2016 | Ballot access | Independent candidate filing deadline | |
| November 8, 2016 | Election date | General election | |
Qualifications
Article 2, Section 1, of the United States Constitution sets the following qualifications for the presidency:[2]
| “ | No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.[3] | ” |
| —United States Constitution | ||
Article 2, Section 4, of the United States Constitution says an individual can be disqualified from the presidency if impeached and convicted:
| “ | The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.[3] | ” |
| —United States Constitution | ||
The 14th Amendment to the United States Constitution says an individual can also be disqualified from the presidency under the following conditions:
| “ | No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.[3] | ” |
| —United States Constitution | ||
Party nomination processes
- See also: Primary election and Caucus
| Hover over the terms below to display definitions. | |
| Ballot access laws | |
| Primary election | |
| Caucus | |
| Delegate | |
 | |
A political party formally nominates its presidential candidate at a national nominating convention. At this convention, state delegates select the party's nominee. Prior to the nominating convention, the states conduct presidential preference primaries or caucuses. Generally speaking, only state-recognized parties — such as the Democratic Party and the Republican Party — conduct primaries and caucuses. These elections measure voter preference for the various candidates and help determine which delegates will be sent to the national nominating convention.[1][4][5]
The Democratic National Committee and the Republican National Committee, the governing bodies of the nation's two major parties, establish their own guidelines for the presidential nomination process. State-level affiliates of the parties also have some say in determining rules and provisions in their own states. Individuals interested in learning more about the nomination process should contact the political parties themselves for full details.
In Oregon, major political parties conduct primaries. A candidate can be placed on his or her party's primary ballot via one of the two methods:
- The secretary of state can place a candidate's name on the ballot if he or she determines that the "candidate's candidacy is generally advocated or is recognized in national news media.[6]
- A candidate can petition for placement on the primary ballot. The petition must be signed by 1,000 party members from each of the state's congressional districts. The petition must be filed with the secretary of state no later than the 70th day prior to the primary.[6]
Delegate allocation process, 2016
Democratic Party
Oregon had 74 delegates at the 2016 Democratic National Convention. Of this total, 61 were pledged delegates. National party rules stipulated how Democratic delegates in all states were allocated. Pledged delegates were allocated to a candidate in proportion to the votes he or she received in a state's primary or caucus. A candidate was eligible to receive a share of the state's pledged delegates if he or she won at least 15 percent of the votes cast in the primary or caucus. There were three types of pledged Democratic delegates: congressional district delegates, at-large delegates, and party leaders and elected officials (PLEOs). Congressional district delegates were allocated proportionally based on the primary or caucus results in a given district. At-large and PLEO delegates were allocated proportionally based on statewide primary results.[7][8]
Thirteen party leaders and elected officials served as unpledged delegates. These delegates were not required to adhere to the results of a state's primary or caucus.[7][9]
Republican Party
Oregon had 28 delegates at the 2016 Republican National Convention. Of this total, 15 were district-level delegates (three for each of the state's five congressional districts). Oregon's district delegates were allocated on a proportional basis in accordance with the statewide primary vote.[10][11]
Of the remaining 13 delegates, 10 served at large. Oregon's at-large delegates were allocated proportionally in accordance with the statewide primary vote. In addition, three national party leaders (identified on the chart below as RNC delegates) served as bound delegates to the Republican National Convention.[10][11]
General election requirements
The president of the United States is elected not by popular vote, but by the Electoral College. The Electoral College comprises a total of 538 electors. Each state is allocated a number of electors equal to the size of its congressional delegation. The Office of the Federal Register administers the Electoral College process:[12][13]
| “ | On Election Day, the voters in each State choose the Electors by casting votes for the presidential candidate of their choice. The Electors’ names may or may not appear on the ballot below the name of the candidates running for President, depending on the procedure in each State. The winning candidate in each State—except in Nebraska and Maine, which have proportional distribution of the Electors—is awarded all of the State’s Electors.[3] | ” |
| —The Office of the Federal Register | ||
Typically, electors are selected by state parties. Federal law does not require electors to vote "according to the results of the popular vote in their states." Some states and political parties have enacted policies requiring their electors to vote in accordance with the popular vote. According to the Office of the Federal Register, "throughout our history as a nation, more than 99 percent of electors have voted as pledged."[12][13]
For the 2012, 2016 and 2020 presidential contests, Oregon was allocated seven electoral votes.[14]
Political parties
A recognized political party is entitled to have the name of its presidential candidate printed on the general election ballot. The party must certify the names of its candidates for president, vice president and presidential electors to the secretary of state no later than 70 days prior to the general election.[15]
Independent candidates
An independent candidate may gain access to the general election ballot by filing with the secretary of state a petition containing the signatures of at least 1 percent of the total votes cast for presidential electors in the last general election. This petition must be filed no later than 70 days before the general election. An independent candidate may also gain access by the nomination of an assembly. This assembly must be attended by at least 1,000 voters; the gathering must occur at one place in less than 12 hours. The signatures of the attendees must be filed with the secretary of state no later than 70 days before the general election.[16]
Running for multiple offices
Some states prohibit candidates for the presidency from seeking other offices simultaneously. In Oregon, "[t]he name of each candidate for whom a nominating petition or declaration of candidacy has been filed shall be printed on the ballot in but one place."[18][19]
"Sore loser" laws
Some states bar candidates who sought, but failed, to secure the nomination of a political party from running as independents in the general election. These restrictions are sometimes called "sore loser" laws. Under Oregon state law, an unsuccessful primary candidate cannot run for the same office in the following general election, either with another party or as an independent.[20][21][22]
Ballot access expert Richard Winger has noted that, generally speaking, "sore loser laws have been construed not to apply to presidential primaries." In August 2015, Winger compiled a list of precedents supporting this interpretation. In Oregon in the 1980 presidential contest, John Anderson ran as both a Republican candidate in the primary and as an independent candidate in the general election, suggesting that Oregon's sore loser law does not apply to presidential primary candidates.[23]
Write-in requirements
Oregon law permits voters to write in names for candidates for president. Candidates nominated or elected by write-in must sign and file a form with the appropriate filing officer to accept the nomination or election.[24]
Historical information
According to ballot access expert Richard Winger, between 1892 and 2012 there were 401 instances in which a state required an independent or unqualified party candidate to collect more than 5,000 signatures in order to appear on the general election ballot. In Oregon, there were eight such instances during this period. See the table below for further details. The first column lists the state, the second lists the year, and the third lists the signature requirement. Columns four through nine list candidates and/or parties that met the requirement.[23]
| Filing requirements for independent and minor party candidates, 1894-2012 | ||||||||
|---|---|---|---|---|---|---|---|---|
| State | Year | Requirement | Successful parties or candidates | |||||
| Oregon | 1964 | 23,264 | -- | -- | -- | -- | -- | -- |
| Oregon | 1968 | 23,590 | American | -- | -- | -- | -- | -- |
| Oregon | 1972 | 24,510 | American | -- | -- | -- | -- | -- |
| Oregon | 1976 | 27,839 | McCarthy | -- | -- | -- | -- | -- |
| Oregon | 1980 | 30,897 | Libertarian | Anderson | Citizens | -- | -- | -- |
| Oregon | 1984 | 35,398 | -- | -- | -- | -- | -- | -- |
| Oregon | 1988 | 36,695 | Libertarian | New Alliance | -- | -- | -- | -- |
| Oregon | 1992 | 35,932 | R. Perot | New Alliance | -- | -- | -- | -- |
Campaign finance requirements
- See also: Campaign finance requirements in Oregon
The Federal Election Commission (FEC) is the only agency authorized to regulate the financing of presidential and other federal campaigns (i.e., campaigns for the United States Senate and the United States House of Representatives). The states cannot impose additional requirements on federal candidates. Federal law requires all presidential candidates to file a statement of candidacy within 15 days of receiving contributions or making expenditures that exceed $5,000. The statement of candidacy is the only federally mandated ballot access requirement for presidential candidates; all other ballot access procedures are mandated at the state level. The candidacy statement authorizes "a principal campaign committee to raise and spend funds" on behalf of the candidate. Within 10 days of filing the candidacy statement, the committee must file a statement of organization with the FEC. In addition, federal law establishes contribution limits for presidential candidates. These limits are detailed in the table below. The uppermost row indicates the recipient type; the leftmost column indicates the donor type.[25][26]
| Candidate committees | Political action committees | State and district party committees | National party committees | Additional national party committee accounts | |
|---|---|---|---|---|---|
| Individual | $3,300 per election | $5,000 per year | $10,000 per year (combined) | $41,300 per year | $123,900 per account, per year |
| Candidate committee | $2,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| Multicandidate political action committee | $5,000 per election | $5,000 per year | $5,000 per year (combined) | $15,000 per year | $45,000 per account, per year |
| Other political action committee | $3,300 per election | $5,000 per year | $10,000 per year (combined) | $41,300 per year | $123,900 per account, per year |
| State and district party committee | $5,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| National party committee | $5,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| Note: Contribution limits apply separately to primary and general elections. For example, an individual could contribute $3,300 to a candidate committee for the primary and another $3,300 to the same candidate committee for the general election. Source: Federal Election Commission, "Contribution limits," accessed May 8, 2023 | |||||
Presidential candidate committees are required to file regular campaign finance reports disclosing "all of their receipts and disbursements" either quarterly or monthly. Committees may choose which filing schedule to follow, but they must notify the FEC in writing and "may change their filing frequency no more than once per calendar year."[27]
For contribution limits from previous years, click "[Show more]" below.
| Federal contribution limits, 2019-2020 | |||||
|---|---|---|---|---|---|
| Candidate committees | Political action committees | State and district party committees | National party committees | Additional national party committee accounts | |
| Individual | $2,800 per election | $5,000 per year | $10,000 per year (combined) | $33,500 per year | $106,500 per account, per year |
| Candidate committee | $2,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| Multicandidate political action committee | $5,000 per election | $5,000 per year | $5,000 per year (combined) | $15,000 per year | $45,000 per account, per year |
| Other political action committee | $2,800 per election | $5,000 per year | $10,000 per year (combined) | $35,500 per year | $106,500 per account, per year |
| State and district party committee | $5,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| National party committee | $5,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| Note: Contribution limits apply separately to primary and general elections. For example, an individual could contribute $2,800 to a candidate committee for the primary and another $2,800 to the same candidate committee for the general election. Source: Federal Election Commission, "Contribution limits," accessed August 8, 2019 | |||||
| Federal contribution limits, 2015-2016 | |||||
|---|---|---|---|---|---|
| Candidate committees | Political action committees | State and district party committees | National party committees | Additional national party committee accounts | |
| Individual | $2,700 per election | $5,000 per year | $10,000 per year (combined) | $33,400 per year | $100,200 per account, per year |
| Candidate committee | $2,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| Multicandidate political action committee | $5,000 per election | $5,000 per year | $5,000 per year (combined) | $15,000 per year | $45,000 per account, per year |
| Other political action committee | $2,700 per election | $5,000 per year | $10,000 per year (combined) | $33,400 per year | $100,200 per account, per year |
| State and district party committee | $5,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| National party committee | $5,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| Note: Contribution limits apply separately to primary and general elections. For example, an individual could contribute $2,700 to a candidate committee for the primary and another $2,700 to the same candidate committee for the general election. Source: Federal Election Commission, "The FEC and Federal Campaign Finance Law," updated January 2015 | |||||
Election agencies
Federal Election Commission
- 999 E Street, NW
- Washington, D.C. 20463
- Telephone: 800-424-9530
- Email: info@fec.gov
Oregon Secretary of State, Elections Division
- Public Service Building Suite 501
- 255 Capitol St. NE
- Salem, Oregon 97310
- Telephone: 503-986-1518
- Email: elections.sos@state.or.us
Ballot access legislation
The following is a list of recent presidential ballot access bills that have been introduced in or passed by the Oregon state legislature. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.
Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.
Recent news
The link below is to the most recent stories in a Google news search for the terms Oregon president 2016. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
- Ballot access requirements for political candidates in Oregon
- Presidential election, 2016
- Ballot access for presidential candidates
External links
References
- ↑ 1.0 1.1 1.2 1.3 Vote Smart, "Government 101: United States Presidential Primary," accessed August 15, 2015 Cite error: Invalid
<ref>tag; name "votesmart" defined multiple times with different content - ↑ The Constitution of the United States of America, "Article 2, Section 1," accessed August 3, 2015
- ↑ 3.0 3.1 3.2 3.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ The Washington Post, "Everything you need to know about how the presidential primary works," May 12, 2015
- ↑ FactCheck.org, "Caucus vs. Primary," February 3, 2020
- ↑ 6.0 6.1 Oregon Revised Statutes, "Section 249.078," accessed September 15, 2015
- ↑ 7.0 7.1 Democratic National Committee, "2016 Democratic National Convention Delegate/Alternate Allocation," updated February 19, 2016
- ↑ The Green Papers, "2016 Democratic Convention," accessed May 7, 2021
- ↑ Democratic National Committee's Office of Party Affairs and Delegate Selection, "Unpledged Delegates -- By State," May 27, 2016
- ↑ 10.0 10.1 Republican National Committee, "2016 Presidential Nominating Process," accessed October 6, 2015
- ↑ 11.0 11.1 CNN.com, "Republican National Convention roll call vote," accessed July 20, 2016
- ↑ 12.0 12.1 Archives.gov, "What is the Electoral College?" accessed August 25, 2015
- ↑ 13.0 13.1 Archives.gov, "Who are the Electors?" accessed August 25, 2015
- ↑ Archives.gov, "Distribution of Electoral Votes," accessed September 16, 2015
- ↑ National Association of Secretaries of State, "Summary: State Laws Regarding Presidential Ballot Access for the General Election," accessed September 15, 2015
- ↑ Oregon Secretary of State, "249.705 Nomination by other than major party.," accessed August 24, 2015
- ↑ Ballot Access News, "October 2015 Ballot Access News Print Edition," accessed November 9, 2015
- ↑ Oregon Secretary of State, "254.115 Official primary election ballot.," accessed August 24, 2015
- ↑ This information came from correspondence with the Oregon Secretary of State Elections Division on August 24, 2015.
- ↑ The Georgetown Law Journal, "Sore Lower Laws and Democratic Contestation," accessed August 13, 2015
- ↑ CNN, "Trump 3rd party run would face 'sore loser' laws," August 13, 2015
- ↑ Oregon Statutes, "Section 249.048," accessed September 17, 2015
- ↑ 23.0 23.1 This information comes from research conducted by Richard Winger, publisher and editor of Ballot Access News.
- ↑ Oregon Legislature, "254.548 Individual nominated or elected by write-in votes; form; rules.," accessed August 24, 2015
- ↑ Federal Election Commission, "The FEC and Federal Campaign Finance Law," updated January 2015
- ↑ Federal Election Commission, "Quick Answers to Candidate Questions," accessed August 13, 2015
- ↑ Federal Election Commission, "2016 Reporting Dates," accessed June 17, 2022
