Ballot access by party going forward
2016 was only the second time that four presidential candidates received over a million votes, the first being in 1948 when in addition to Harry Truman and Thomas E. Dewey large numbers of voters chose to support Dixiecrat Strom Thurmond or former Vice-President Henry Wallace, the Progressive nominee. Those two alternative parties did not retain any meaningful influence after 1948, but the Libertarian Party is continuing to increase it’s numbers, Green and Constitution Party organizations are still active, and many other national and one-state parties have access in at least one place
Oklahoma
Getting over 2.5% for Auditor and for Governor means the LP is recognized through 2022. Any new party faces a requirement of signatures equal to 3% of the last gubernatorial race.
Texas
Mark Ash retained states for the LP with his showing for Court of Criminal Appeals, but a new law lowered the requirement to 2% for any statewide race in the last five elections, resurrecting the Greens for 2020. Any new party would face a hefty 83,434 signature petition.
Kansas
The LP gubernatorial and Sec. of State candidates each beat the number to keep the party going. New parties must petition and need 21,111 signatures.
Nebraska
With well over ten thousand registered Libertarians in the state, the LP is in good shape to maintain ballot status. No other alternative parties are on the ballot and will need to petition. However, aside from federal and state executive offices, most races in Nebraska are officially non-partisan.
South Dakota
Both the Constitution and Libertarian Parties are recognized in South Dakota. Continued recognition is tied to the gubernatorial election and was extended to two election cycles in 2018. Any other party that wishes to qualify would need to petition.
North Dakota
The Libertarians recently turned in their petition to regain ballot access. All new parties seeking to gain recognition and the ability run candidates under their label will need to get 7,000 North Dakotans to sign a petition for them.
Montana
LP candidates for US Senate and for Supreme Court Clerk gained enough votes to maintain official recognition. Unrecognized parties must petition and gather signatures of 5,000 voters in order to run candidates.
Idaho
The Constitution Party and the LP have had sufficient activity to keep official recognition. Any other party will face a signature requirement of 13,804.
Wyoming
Multiple Libertarians and members of the Constitution Party achieved greater than 2% of the vote to retain minor party status for their organizations but less than 10%, the threshold for major party status. Any new party will have to match that 2% in signatures on a petition in order to gain ballot access.
Colorado
With the affiliation of a thousand registered voters, a party can maintain ballot access. The Constitution, Green, Unity and Libertarian Parties all meet this threshold. A new party would need to submit a petition with 10,000 signatures to gain ballot access.
Utah
The Beehive State requires a party to have a candidate for any office get support equal to 2% of the total statewide votes cast for U.S. House of Representatives. The LP, Green, Constitution, Independent American, and United Utah Parties have all met this standard. A signature requirement of 2,000 would need to be met for any other party wishing to run candidates in Utah.
New Mexico
The LP meets the registration requirement and vote test for major party status. The Green, Constitution, and Better for America Parties have status as minor parties. Any new party would need to gather 3,482 signatures to gain ballot access.
Arizona
There are enough registered Libertarians in Arizona so that the LP maintains it’s status as a recognized party. However, each candidate must get signatures of either Independent voters or those registered with their party, a rule that means LP candidates have a much smaller number of potential signers than the two establishment party candidates do. New parties wouldn’t have this restriction but would need to gather 31,607 signatures.
Nevada
The Constitution Party is on as the Independent American Party and the Libertarian Party also has ballot access after having candidates for Congress receive over 1% of the vote. Any other party that wants to participate in elections in the Silver State will need to petition and gather 9,608 signatures.
California
The American Independent, Libertarian, Green, and Peace & Freedom Parties all have enough voters registered with them to retain ballot access.. Anybody else who wants to have a ballot line in the Golden State will need a petition with 1,246,424 signatures or get 43,132 people to register with the new party.
Oregon
The Independent Party of Oregon is a major party, because more than 5% of voters in the state are registered with them. It’s almost certainly true that many if not most of these voters chose ‘independent’ when they meant to be what in the state is termed ‘un-affiliated.’ Regardless, the IPO is recognized as a major party. The Working Families, Constitution, Libertarian, Green(as Pacific Green), and Progressive Parties are recognized with minor status. A petition of 28,005 signatures will be required for any new party to become official.
Washington
Under the ‘top-two’ primary system in Washington voters do not have party registration. Instead, any candidate may list any party affiliation they like. However, only the candidates who finish in the top two of the open primary advance to the general election. Only the presidential election is partisan. A petition with a thousand signatures is required for the presidential nominee of any alternative party. Gary Johnson received just barely over the necessary 5% of the vote in the state in order to attain major party status for the LP, but the Washington Secretary of State has decided that write-ins count, which puts him just under, never mind that Washington hasn’t reported write-ins since 1992 and they aren’t valid votes because there aren’t any electors to go with them.
Alaska
The Alaskan Independence Party has enough people registered with it to continue to be recognized. The Libertarians were thought to be qualified for president based on a 1987 ruling but the state Division of Elections says otherwise. They and any other party that wants to be on the ballot in the Last Frontier will need to submit a petition of 3,212 signatures.
Hawaii
The Greens and Libertarians are recognized. Any other party that wants to acquire or regain status will need 757 signatures to do so.
Minnesota
The Grassroots-Legalize Cannabis Party and the Legalize Marijuana Now Party both have major party status. The Green, Independence, and Libertarian Parties have minor status which means their candidates must meet petition guidelines the same as Independent candidates. Other parties that want to participate in Minnesota elections will need to gather 129,365 signatures.
Iowa
There are no alternative parties with ballot access in Iowa at this time. In order for other parties to participate they will need to organize a meeting with attendees from every county and at least 250 total and nominate a presidential candidate, or submit a petition of 1,500 signatures.
Missouri
The Libertarians, Greens, and Constitution Party are all recognized. 10,000 signatures of registered Missouri voters are needed to get another party on the ballot.
Arkansas
The Libertarians were just short of the percentage needed in the gubernatorial race to maintain ballot access. Then the state legislature raised the signature requirement to regain status, but the LPAR sued, resulting in an injunction to restore the 10,000 signature standard. They’ve met that already and any other party wishing to participate in Arkansas elections would need to do the same. But there is a provision for a party to just get it’s presidential candidate on the ballot with 1,000 signatures, which the Constitution Party and it’s offshoot the Life & Liberty Party have both done.
Louisiana
The Libertarians, Greens, and Independent Party USA are all recognized. Other parties that want official status will need 1,000 signatures on a petition and to pay a fee of $1,000.
Mississippi
The Magnolia State merely requires that parties be organized in order to obtain ballot access. At this time the recognized parties are the Libertarian, Constitution, Green, Prohibition, American Delta, Justice, Reform and America First Parties.
Alabama
It takes 20% of the vote for the Yellowhammer State to grant recognition to an alternative party. In order to gain ballot access to try for that 20% a party needs to petition for access and gather 35,412 signatures. Alabama only requires 5,000 signatures to get an independent presidential candidate on the ballot and allows those candidates to use a partisan label, so the party petition is rarely used.
Georgia
The Libertarian Party has status as a political body but candidates for district or local offices must gather signatures of 5% of registered voters in the jurisdiction of the office. No alternative party candidate has ever qualified for a US House race under the 73–year-old law. Any other party that wants to place candidates for statewide office on the ballot will need 64,354 signatures on a petition.
Florida
The Sunshine State recognizes the Constitution, Ecology, Green, Independent, Socialism & Liberation, Reform, and Libertarian Parties.
South Carolina
In the Palmetto State once a party gains recognition it stays on the ballot as long as it meets the organizational requirements of the state. At present the Alliance, Constitution, Green, Independence, Labor, Libertarian, United Citizens and Working Families Parties have official status. Any new party would need to petition and gather 10,000 signatures.
North Carolina
The Libertarian, Green, and Constitution Parties are on the ballot in North Carolina. Any other party that wishes to participate in elections in the Tarheel State will need to petition to do so, and gather 11,778 signatures.
Tennessee
No alternative party has met the signature requirement to get on the ballot in Tennessee since 1968. The number of signatures needed for independents is 275 for president and 25 for all others, whereas party status would require 56,083 signatures.
Kentucky
Libertarians in the Bluegrass State are a recognized political organization with the ability to run candidates without the need for petitioning. Other alternative parties would need to gather signatures, which varies depending on the office but for statewide candidates, including president, 5,000 are needed.
Illinois
No alternative candidate met the 5% threshold necessary to ballot qualify party in any of the three statewide races, although the Libertarian Party is recognized in a couple of counties. A petition of 25,000 signatures is required to attain statewide ballot access, but candidates for lower offices also have to petition.
Wisconsin
America’s Dairyland ties ballot access retention to gubernatorial election years. In 2018 only the Constitution Party was able to attain enough votes to continue to be recognized. Other parties will need a petition of 10,000 signatures to acquire ballot status.
Michigan
The Working Class Party and the LP lost major party status and so will not have primaries in 2020 but retain minor party status along with the Natural Law, US Taxpayers(Constitution), and Green Parties. Any new party would need to petition for status and gather 42,506 signatures.
Indiana
It’ll take 26,654 signatures for any new party to be able to participate in Hoosier elections. Only the Libertarians were on the ballot in 2016, and retain their status for another two years thanks to Karl Tatgenhorst’s 3.4% showing for Secretary of State in 2014.
Ohio
Because of legal maneuvering by the Ohio GOP to prevent Charlie Earl of the Ohio LP off the ballot for governor in 2014, they are not officially recognized at this time, but Anita Rios garnered 3.3% for the Green Party to preserve their status. their It’ll take 53,410 signatures for any new party to gain recognition.
West Virginia
In the gubernatorial race Charlotte Jean Pritt achieved better than 5% for the Green-affiliated Mountain Party and David Moran polled over 2% for the LP, keeping those parties on the ballot. In order for a new party to be recognized they would need to run a candidate for governor in 2020 using the petition method for independents which would require 7,139 signatures and then that candidate would need to receive more than 1% of the vote.
Virginia
Every alternative presidential candidate in the Old Dominion qualified by the independent candidate method. None of the three received the 10% needed for party ballot access. For a party to qualify before the next election they would need a petition that contains 10,000 signatures.
Maryland
The gubernatorial candidate of the Maryland LP did not get enough votes to maintain ballot access. Even though there were over twice as many registered Libertarians as the number of signatures required to regain status, the state still decertified the party. This is in court. In the meantime, the Bread & Roses Party gained recognition back in January. Anybody else needs 10,000 signatures.
Delaware
The First State grants ballot access based on voter registration. The Independent, Libertarian, Green and American Delta Parties all currently meet the threshold. A new party would need to get 676 voters to register with their party to gain official status.
New Jersey
The Garden State requires a party to have it’s candidates to get 10% of the total vote for all seats in the General Assembly to gain official status. Enacted in 1920, no alternative party has ever met this standard and so candidates of those parties use the independent process and gather between 100 and 1,000 signatures, depending on which office is sought.
Pennsylvania
Greens and Libertarians polled over 2% in multiple statewide elections, maintaining minor party status for their label, but the Constitution Party only had Darrell Castle on the ballot, and he fell short. But because candidates of the recognized minor parties will be required to petition in the same manner as independents which is a higher amount than what is required of candidates of the establishment parties, essentially there is no alternative party ballot access at this time.
New York
In the Empire State status as a qualified party depends upon the results of the gubernatorial election. The Women’s Equality, Working Families, Conservative, Reform, Independence and Green Parties have official status at this time and each will seek to get 50,000 votes in 2018 for their candidate. New York allows fusion which allows an alternative party to nominate an establishment party candidate and votes for that candidate on the alternative party ballot line count for party status.
Connecticut
The Nutmeg State does ballot access by office, so a minor party may or may not have status for a particular office. Regardless, at present the state recognizes the Green, Independent, Libertarian and Working Families Parties. A new party can gather 25 signatures for a candidate to represent it and if the candidate gets 1% of the vote the new party would be recognized but would only have status for each office where it successfully completes the process.
Rhode Island
Neither Johnson, nor Stein, nor Rocky De La Fuente were able to get 5% of the presidential vote, so there are no recognized alternative parties in Rhode Island at this time. In order to attain or regain status a party would need to file a petition with 18,758 signatures.
Massachusetts
In Bill Weld’s home state the LP ticket picked up 4.2% of the vote, enough to preserve ballot access for the Libertarians. The Greens were not so fortunate. However, all candidates for office(except president), regardless of party status, have to gather the required number of signatures in order to run, and candidates of alternative parties that are not recognized may use their party label(with some stipulations).
Vermont
Don Schramm received 11.64% of the vote for the Progressive Party in the State Treasurer race, preserving major party status. The Libertarians and Liberty Union Party are minor parties, which requires a level of organization that must be maintained and any new party would need to meet in order to be recognized. Joining them in is the new Green Mountain Party.
New Hampshire
Any party that wants to participate in elections in New Hampshire will have to petition and gather signatures from 17,209 voters.
Maine
With over 40,000 registered voters, the Green Independent Party had no trouble meeting the requirements to continue to be recognized. The Libertarians were well short, but should be able to utilize either Gary Johnson’s 5.09% or the over 5,000 registered party members in the state to re-establish their status. Any other new party would need to register at least 5,000 voters or gather 4,000 signatures to attain ballot access.
District of Columbia
The Greens continue to be a recognized party and thanks to Martin Moulton’s 6% showing for delegate to the U.S. House, the Libertarians have regained official status. Any other party that wants to run candidates would have to file paperwork and petition for a ballot spot like any other candidate, but the new party would not be able to have a primary.
There are ten democracy blackout states, where only the two establishment parties are allowed. In fourteen states there is only one other option. Five states and Washington, D.C., give voters two alternative parties to choose from. There are five states with five recognized parties, and another five that recognize six different parties. Minnesota, Michigan and Utah recognize seven parties, New York and Oregon acknowledge eight, Florida has nine, and Mississippi and South Carolina both have ten official parties.
