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Ballot access for presidential candidates

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Ballot access for presidential candidates
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Note: This page is not intended to serve as a manual for candidates. Individuals who are interested in running for president should contact their state election agencies and the Federal Election Commission for more information about specific filing processes and requirements.

In order to get on the ballot, 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.

There are three basic methods by which an individual may become a candidate for president of the United States.

  1. 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]
  2. An individual can run as an independent. Independent presidential candidates typically must petition each state to have their names printed on the general election ballot. For the 2016 presidential contest, it was estimated that an independent candidate would need to collect in excess of 900,000 signatures in order to appear on the general election ballot in every state.[1]
  3. An individual can run as a write-in candidate. In 35 states, a write-in candidate must file some paperwork in advance of the election. In seven states, write-in voting for presidential candidates is not permitted. The remaining states do not require write-in candidates to file paperwork in advance of the election.[1]

The information presented here applies only to presidential candidates. For additional information about ballot access requirements for state and congressional candidates, see this article.

State lawmakers have developed presidential ballot access procedures in an effort to prevent non-serious candidates from appearing on the ballot. Critics of these complex procedures contend that stringent ballot access requirements discourage candidate and voter participation in the electoral process.

Election dates and filing deadlines, 2016

See also: Important dates in the 2016 presidential race

The maps below detail the election dates and candidate filing deadlines for the Democratic and Republican presidential primaries and caucuses in 2016. The states that have earlier deadlines are shaded in darker colors. A table listing the same information can be found below the maps.

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
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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.

Statutory requirements

As noted above, political parties have considerable freedom to determine the methods by which they nominate presidential candidates. In those states that conduct presidential preference primaries, there are usually some statutory candidate filing requirements, but these vary considerably from state to state. In most states that conduct primaries, a candidate may petition for placement on the primary ballot. In some states, elections officials or party leaders select candidates to appear on the ballot; candidates selected in this manner are not usually required to file additional paperwork. In other states, a candidate may have to pay a filing fee (to the state, to the party, or both) in order to have his or her name printed on the ballot.

The table below summarizes general statutory filing procedures for a candidate seeking the nomination of his or her party. Please note that this information is not exhaustive. Specific filing requirements can vary by party and by state. For more information, contact the appropriate state-level party.

Requirements for independents

Generally speaking, an independent presidential candidate must petition for placement on the general election ballot in all 50 states, as well as Washington, D.C. A handful of states may allow an independent candidate to pay a filing fee in lieu of submitting a petition. The methods for calculating how many signatures are required vary considerably from state to state, as do the actual signature requirements. For instance, some states establish a flat signature requirement. Other states calculate signature requirements as percentages of voter registration or votes cast for a given office.

In order to access the ballot nationwide, it is estimated that an independent presidential candidate in 2016 would need to collect more than 900,000 signatures. This amounts to approximately 0.29 percent of the nation's population. California is expected to require independent candidates to collect 178,039 signatures, more than any other state. Tennessee is expected to require 275 signatures, fewer than any other state.

In 2016, Oklahoma is expected to require independent candidates to collect 40,047 signatures in order to have their names printed on the general election ballot. This equals approximately 1.04 percent of the state's total population, a greater share than in any other state. The map below compares signature requirements by state, both as raw numbers and as percentages of state population. A lighter shade indicates a lower total signature requirement as a percentage of state population while a darker shade indicates a higher signature requirement. It should be noted that other variables factor in this process; for instance, some states require candidates to collect a certain number of signatures from each congressional district.

Signature requirements

The table below provides the formula used for determining the number of required signatures, the estimated number of signatures required, the number of required signatures as a percentage of state population, and the 2016 filing deadline. Official signature requirements are published by state elections administrators; the numbers presented here are estimates based on the most recent data available as of November 2015.

Petition signature requirements for independent presidential candidates, 2016
State Formula Example of signatures needed Example as a percentage of state population Filing deadline
Alabama 5,000 5,000 0.10% 8/18/2016
Alaska 1% of the total number of state voters who cast ballots for president in the most recent election 3,005 0.41% 8/10/2016
Arizona 3% of all registered voters who are not affiliated with a qualified political party 36,000 0.54% 9/9/2016
Arkansas 1,000 1,000 0.03% 8/1/2016
California 1% of the total number of registered voters in the state at the time of the close of registration prior to the preceding general election 178,039 0.46% 8/12/2016
Colorado 5,000 5,000 0.09% 8/10/2016
Connecticut 1% of the total vote cast for president in the most recent election, or 7,500, whichever is less 7,500 0.21% 8/10/2016
Delaware 1% of the total number of registered voters in the state 6,500 0.70% 7/15/2016
Florida 1% of the total number of registered voters in the state 119,316 0.61% 7/15/2016
Georgia 1% of the total number of registered and eligible voters in the most recent presidential election 49,336 0.49% 7/12/2016
Hawaii 1% of the total number of votes cast in the state for president in the most recent election 4,347 0.31% 8/10/2016
Idaho 1,000 1,000 0.06% 8/24/2016
Illinois 1% of the total number of voters in the most recent statewide general election, or 25,000, whichever is less 25,000 0.19% 6/27/2016
Indiana 2% of the total vote cast for secretary of state in the most recent election 26,700 0.41% 6/30/2016
Iowa 1,500 eligible voters from at least 10 of the state's counties 1,500 0.05% 8/19/2016
Kansas 5,000 5,000 0.17% 8/1/2016
Kentucky 5,000 5,000 0.11% 9/9/2016
Louisiana 5,000 5,000 0.11% 8/19/2016
Maine Between 4,000 and 6,000 4,000 0.30% 8/1/2016
Maryland 1% of the total number of registered state voters 38,000 0.64% 8/1/2016
Massachusetts 10,000 10,000 0.15% 8/2/2016
Michigan 30,000 30,000 0.30% 7/21/2016
Minnesota 2,000 2,000 0.04% 8/23/2016
Mississippi 1,000 1,000 0.03% 9/9/2016
Missouri 10,000 10,000 0.17% 7/25/2016
Montana 5% of the total votes cast for the successful candidate for governor in the last election, or 5,000, whichever is less 5,000 0.49% 8/17/2016
Nebraska 2,500 registered voters who did not vote in any party's primary 2,500 0.13% 8/1/2016
Nevada 1% of the total number of votes cast for all representatives in Congress in the last election 5,431 0.19% 7/8/2016
New Hampshire 3,000 voters, with at least 1,500 from each congressional district 3,000 0.23% 8/10/2016
New Jersey 800 800 0.01% 8/1/2016
New Mexico 3% of the total votes cast for governor in the last general election 15,388 0.74% 6/30/2016
New York 15,000, with at least 100 from each of the state's congressional districts 15,000 0.08% 8/23/2016
North Carolina 2% of the total votes cast for governor in the previous general election 89,366 0.91% 6/9/2016
North Dakota 4,000 4,000 0.55% 9/5/2016
Ohio 5,000 5,000 0.04% 8/10/2016
Oklahoma 3% of the total votes cast in the last general election for president 40,047 1.04% 7/15/2016
Oregon 1% of the total votes cast in the last general election for president 17,893 0.46% 8/30/2016
Pennsylvania 2% of the largest entire vote cast for any elected candidate in the state at the last preceding election at which statewide candidates were voted for" 25,000 0.20% 8/1/2016
Rhode Island 1,000 1,000 0.10% 9/9/2016
South Carolina 5% of registered voters up to 10,000 10,000 0.21% 7/15/2016
South Dakota 1% of the combined vote for governor in the last election 2,775 0.33% 4/26/2016
Tennessee 25 votes per state elector (275 total) 275 0.00% 8/18/2016
Texas 1% of the total votes cast for all candidates in the previous presidential election 79,939 0.30% 5/9/2016
Utah 1,000 1,000 0.03% 8/15/2016
Vermont 1,000 1,000 0.16% 8/1/2016
Virginia 5,000 registered voters, with at least 200 from each congressional district 5,000 0.06% 8/26/2016
Washington 1,000 1,000 0.01% 7/23/2016
Washington, D.C. 1% of the district's qualified voters 4,600 0.71% 8/10/2016
West Virginia 1% of the total votes cast in the state for president in the most recent election 6,705 0.36% 8/1/2016
Wisconsin Between 2,000 and 4,000 2,000 0.03% 8/2/2016
Wyoming 2% of the total number of votes cast for United States Representative in the most recent general election 3,302 0.57% 8/30/2016
TOTALS 926,263 0.29% N/A
Note: Two states (Colorado and Louisiana) allow independent candidates to pay filing fees in lieu of submitting petitions.
Sources: This information was compiled by Ballotpedia staff in November 2015. These figures were verified against those published by Richard Winger in the October 2015 print edition of Ballot Access News.

Requirements for write-in candidates

Although a write-in candidate is not entitled to ballot placement, he or she may still be required to file paperwork in order to have his or her votes tallied (or to be eligible to serve should the candidate be elected). In 35 states, a write-in presidential candidate must file some paperwork in advance of an election. In seven states, write-in voting for presidential candidates is not permitted. The remaining states do not require presidential write-in candidates to file special paperwork before the election. See the map below for further details.

Legend:     Filing required
in advance     No filing
requirements     Write-in votes
not permitted
2016 presidential write-in.png

"Sore loser" laws

See also: "Sore loser" laws for presidential candidates

Some states bar candidates who sought, but failed, to secure the nomination of a political party from running as independents in the general election. 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. According to Winger, 45 states have sore loser laws on the books, but in 43 of these states the laws do not seem to apply to presidential candidates. Sore loser laws apply to presidential candidates in only two states: South Dakota and Texas. See this article for further details.[7][8][9]

Historical information

See also: Historical signature requirements for independent and minor party presidential candidates

According to ballot access expert Richard Winger, between 1892 and 2012 there were 401 instances in which a state required an independent or minor party candidate to collect more than 5,000 signatures in order to appear on the general election ballot. Winger said, "Every state has procedures for independent presidential candidates [as well] as procedures for newly-qualifying parties. ... Throughout U.S. history, the presidential nominees of unqualified parties have frequently used the independent candidate procedure instead of the new party procedure, if the independent procedure was easier. The reverse is also true." See this article for state-by-state details.[7]

Campaign finance requirements

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.[10][11]

Federal contribution limits, 2023-2024
  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."[12]

For contribution limits from previous years, click "[Show more]" below.

Show more
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

Notable independent and third party candidacies

Ross Perot, 1992

Ross Perot

On February 20, 1992, in a televised interview with Larry King, Texas businessman Ross Perot announced that he would seek the presidency as an independent candidate if his supporters took the initiative to get his name on the ballot in all 50 states. According to MSNBC, "a national grassroots mobilization ensued and Perot moved up in the polls." An ABC News/Washington Post poll conducted in early June 1992 found Perot leading both incumbent George H.W. Bush (R) and Bill Clinton (D).[13][14][15]

Perot's support waned over the course of the summer, however, and in July he announced his withdrawal from the race. In October 1992, Perot announced his re-entry into the presidential race. He participated in the presidential debates that fall and experienced a surge of support in the polls leading up to Election Day. Ultimately, Perot won 19.7 million votes, accounting for 19 percent of the nationwide popular vote. Perot won no electoral votes, however, and Clinton was elected president. Perot appeared on the ballot in all 50 states.[13][14][15]

Speculation surrounding Donald Trump, 2015

Donald Trump

On August 6, 2015, the first Republican presidential primary debate of the 2016 election season took place in Cleveland, Ohio. At the beginning of the debate, moderate Bret Baier asked candidates to raise their hands if they were unwilling to pledge not run as third party candidates in the fall, should they fail to win the Republican nomination. Donald Trump, the frontrunner at the time of the debate, was the only candidate to raise his hand. Following the debate, Trump continued to refuse to rule out a third party or independent run if he failed to secure the party's nomination. However, on September 3, 2015, Trump signed a party loyalty pledge affirming that he would endorse the ultimate Republican nominee and forgo an independent or third party run. Describing his bid for the 2016 Republican nomination, Trump said, "We have our heart in it. We have our soul in it."[16][17]

According to The Wall Street Journal, "GOP analysts said they had never heard of such a pledge being used in modern elections, and questioned if it would be binding or survive a legal challenge." Republican Party operative Peter Wehner said, "If they [at the RNC] think it's honestly going to keep [Trump] from running for a third-party bid, they are delirious. Donald Trump does what is in the interest of Donald Trump. He has no loyalty to the Republican Party."[16][17]

Notable court cases

United States Supreme Court

Williams v. Rhodes

See also: Williams v. Rhodes

The American Independent Party and the Socialist Labor Party sought ballot access in Ohio for the 1968 presidential election. At the time, Ohio state law required the candidate's political party to obtain voter signatures totaling 15 percent of the number of ballots cast in the preceding election for governor. The American Independent Party obtained the required number of signatures but did not file its petition prior to the stated deadline. The Socialist Labor Party did not collect the requisite signatures. Consequently, both parties were denied placement on the ballot. The two parties filed separate suits in the United States District Court for the Southern District of Ohio against a variety of state officials, including then-Governor James Rhodes.[18][19]

On October 15, 1968, in a 6-3 decision, the United States Supreme Court ruled in Williams v. Rhodes that the state laws in dispute were "invidiously discriminatory" and violated the Equal Protection Clause of the Fourteenth Amendment because they gave "the two old, established parties a decided advantage over new parties." The court also ruled that the challenged laws restricted the right of individuals "to associate for the advancement of political beliefs" and "to cast their votes effectively." The court further ruled that Ohio showed no "compelling interest" to justify these restrictive practices and ordered the state to place the American Independent Party's candidates for the presidency and vice-presidency on the ballot. The court did not require the state to place the Socialist Labor Party's candidates for the same offices on the ballot.[18][19]

Anderson v. Celebrezze

John Anderson
See also: Anderson v. Celebrezze

An Ohio statute required independent presidential candidates to file statements of candidacy and nominating petitions in March in order to qualify to appear on the general election ballot in November. Independent candidate John Anderson announced his candidacy for President in April 1980 and all requisite paperwork was submitted on May 16, 1980. The Ohio Secretary of State, Anthony J. Celebrezze, refused to accept the documents.[20][21]

Anderson and his supporters filed an action challenging the constitutionality of the aforementioned statute on May 19, 1980, in the United States District Court for the Southern District of Ohio. The district court ruled in Anderson's favor and ordered Celebrezze to place Anderson's name on the ballot. Celebrezze appealed the decision to the United States Court of Appeals, which ultimately overturned the district court's ruling (the election took place while this appeal was pending).[20][21]

On April 19, 1983, in a 5-4 decision, the United States Supreme Court reversed the appeals court's ruling, maintaining that Ohio's early filing deadline indeed violated the voting and associational rights of Anderson's supporters.[20][21]

Recent news

The link below is to the most recent stories in a Google news search for the terms President ballot access. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Ballot access for presidential candidates - Google News

See also

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External links

References

  1. ↑ 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
  2. ↑ The Constitution of the United States of America, "Article 2, Section 1," accessed August 3, 2015
  3. ↑ 3.0 3.1 3.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  4. ↑ The Washington Post, "Everything you need to know about how the presidential primary works," May 12, 2015
  5. ↑ FactCheck.org, "Caucus vs. Primary," February 3, 2020
  6. ↑ 6.0 6.1 6.2 6.3 More information about this state's filing processes will be added when it becomes available.
  7. ↑ 7.0 7.1 This information comes from research conducted by Richard Winger, publisher and editor of Ballot Access News.
  8. ↑ The Georgetown Law Journal, "Sore Lower Laws and Democratic Contestation," accessed August 13, 2015
  9. ↑ CNN, "Trump 3rd party run would face 'sore loser' laws," August 13, 2015
  10. ↑ Federal Election Commission, "The FEC and Federal Campaign Finance Law," updated January 2015
  11. ↑ Federal Election Commission, "Quick Answers to Candidate Questions," accessed August 13, 2015
  12. ↑ Federal Election Commission, "2016 Reporting Dates," accessed June 17, 2022
  13. ↑ 13.0 13.1 MSNBC, "Ross Perot myth reborn amid rumors of third-party Trump candidacy," July 24, 2015
  14. ↑ 14.0 14.1 PBS, "The Election of 1992," accessed November 6, 2015
  15. ↑ 15.0 15.1 Federal Election Commission, "Federal Elections 92," accessed November 6, 2015
  16. ↑ 16.0 16.1 The Wall Street Journal, "Donald Trump Swears Off Third-Party Run," September 3, 2015
  17. ↑ 17.0 17.1 The Guardian, "Donald Trump signs pledge not to run as independent," September 3, 2015
  18. ↑ 18.0 18.1 Justia.com, "Williams v. Rhodes - 393 U.S. 23 (1968)," accessed December 26, 2013
  19. ↑ 19.0 19.1 Oyez - U.S. Supreme Court Media - IIT Chicago-Kent College of Law, "Williams v. Rhodes," accessed December 26, 2013
  20. ↑ 20.0 20.1 20.2 Justia.com, "Anderson v. Celebrezze - 460 U.S. 780 (1983)," accessed December 26, 2013
  21. ↑ 21.0 21.1 21.2 Oyez Project - U.S. Supreme Court Media - IIT Chicago-Kent College of Law, "Anderson v. Celebrezze," accessed December 26, 2013
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