Ballot access for presidential candidates

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Brittany Clingen summarizes 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 880,000 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 34 states, a write-in candidate must file some paperwork in advance of the election. In nine 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.
What else will be on your ballot? Find out with Ballotpedia's Sample Ballot Lookup tool

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 with earlier deadlines are shaded in darker colors. A table listing the same information can be found below the maps.

Presidential primary and caucus dates, by state
State Date Filing deadline Primary/caucus Primary type
Alabama March 1, 2016 November 6, 2015 Primary Closed (D)/Open (R)
Alaska March 1, 2016 January 28, 2016 Republican Caucus Closed
Alaska March 26, 2016 January 29, 2016 Democratic Caucus Closed
American Samoa March 1, 2016 Democratic Caucus Open
American Samoa March 8, 2016 Republican Caucus Open
Arkansas March 1, 2016 November 9, 2015 Primary Open
Arizona March 22, 2016 December 14, 2015 Primary Closed
California June 7, 2016 March 26, 2016 Primary Closed (R)/Mixed (D)
Colorado March 1, 2016 January 25, 2016 Caucus Closed
Connecticut April 26, 2016 March 4, 2016 Primary Closed
Delaware April 26, 2016 February 26, 2016 Primary Closed
District of Columbia March 12, 2016 January 4, 2016 Caucus Closed
District of Columbia June 14, 2016 March 16, 2016 Primary Closed
Florida March 15, 2016 November 30, 2015 Primary Closed
Georgia March 1, 2016 December 1, 2015 Primary Open
Guam March 12, 2016 Republican Caucus Closed
Guam May 7, 2016 Democratic Caucus Closed
Hawaii March 26, 2016 January 8, 2016 Democratic Caucus Closed
Hawaii March 8, 2016 February 16, 2016 Republican Caucus Closed
Idaho March 8, 2016 December 9, 2015 Republican Primary Closed
Idaho March 22, 2016 February 5, 2016 Democratic Caucus Open (D)/Closed (R)
Illinois March 15, 2016 January 6, 2016 Primary Open
Indiana May 3, 2016 February 5, 2016 Primary Open
Iowa February 1, 2016 Caucus Closed
Kentucky May 17, 2016 January 26, 2016 Democratic Primary Closed
Kentucky March 5, 2016 January 7, 2016 Republican Caucus Closed
Kansas March 5, 2016 January 20, 2016 Caucus Closed
Kansas March 5, 2016 March 1, 2016 Caucus Closed
Louisiana March 5, 2016 December 4, 2015 Primary Closed
Maine March 6, 2016 December 15, 2015 Democratic Caucus Closed
Maine March 5, 2016 December 15, 2015 Republican Caucus Closed
Maryland April 26, 2016 February 3, 2016 Primary Closed
Massachusetts March 1, 2016 January 4, 2016 Primary Mixed
Michigan March 8, 2016 December 11, 2015 Primary Open
Minnesota March 1, 2016 January 4, 2016 Caucus Open
Mississippi March 8, 2016 January 15, 2016 Primary Open
Missouri March 15, 2016 December 29, 2015 Primary Open
Montana June 7, 2016 March 14, 2016 Primary Open
Nebraska March 5, 2016 March 11, 2016 Democratic Caucus Closed
Nebraska May 10, 2016 February 25, 2016 Republican Primary Closed
Nevada February 20, 2016 January 1, 2016 Democratic Caucus Closed
Nevada February 23, 2016 January 9, 2016 Republican Caucus Closed
New Hampshire February 9, 2016 November 20, 2015 Primary Closed
New Jersey June 7, 2016 April 4, 2016 Primary Closed
New Mexico June 7, 2016 March 16, 2016 Primary Closed
New York April 19, 2016 February 4, 2016 Primary Closed
North Carolina March 15, 2016 December 21, 2015 Primary Mixed
North Dakota Open
North Dakota June 7, 2016 May 2, 2016 Democratic Caucus Open
Northern Marianas March 12, 2016 Democratic Caucus Closed
Northern Marianas March 15, 2016 Republican Caucus Closed
Ohio March 15, 2016 December 16, 2015 Primary Open
Oklahoma March 1, 2016 December 9, 2015 Primary Mixed (D)/Closed (R)
Oregon May 17, 2016 March 8, 2016 Primary Closed
Pennsylvania April 26, 2016 February 16, 2016 Primary Closed
Puerto Rico March 13, 2016 Primary Open
Puerto Rico June 5, 2016 Democratic Caucus Open
Rhode Island April 26, 2016 January 23, 2016 Primary Mixed
South Carolina February 20, 2016 September 30, 2015 Republican Primary Open
South Carolina February 27, 2016 November 16, 2015 Democratic Primary Open
South Dakota June 7, 2016 March 29, 2016 Primary Mixed (D)/Closed (R)
Tennessee March 1, 2016 December 1, 2015 Primary Open
Texas March 1, 2016 December 14, 2015 Primary Open
Utah March 22, 2016 Caucus Open (D)/Closed (R)
Vermont March 1, 2016 January 11, 2016 Primary Open
Virgin Islands March 10, 2016 Republican Caucus Open
Virgin Islands June 5, 2016 Democratic Caucus Open
Virginia March 1, 2016 December 10, 2015 Primary Open
Washington May 24, 2016 March 10, 2016 Republican Caucus Closed
Washington March 26, 2016 February 26, 2016 Democratic Caucus Open
West Virginia May 10, 2016 January 30, 2016 Primary Mixed
Wisconsin April 5, 2016 January 26, 2016 Primary Open
Wyoming March 25, 2016 Republican Caucus Closed
Wyoming April 9, 2016 March 10, 2016 Democratic Caucus Closed
Presidential primary dates are still being determined. The dates listed are subject to change.

Deadlines for parties to certify their candidates for the general election

If a nominee dropped out of the race and was replaced by his or her party, what kind of ballot access obstacles might they face?

States require political parties to submit names of presidential candidates in order to certify them for the general election ballot. Every state has some sort of official or unofficial deadline for this (see the table below). Some states have earlier deadlines than others because of early voting and voting by mail and absentee voting. As of February 2016, 34 states offered early voting in some form or another, and several states allow voting as early as late September.[2] Three states (Colorado, Oregon and Washington) use all-mail voting systems, thereby eliminating the need for early voting.

August/early September

The bulk of the dates for certifying the names of major party presidential candidates are in August and September. Mid August was the point at which either party could have found a replacement nominee and still have been able to get his or her name on the ballot in enough states to be competitive in November without having to navigate the courts and ballot access issues. For example, if a nominee had dropped out in late August, his or her name would already have been certified to appear as their party's candidate for president in about 20 states. If he or she had dropped out in late September, that number would have risen to almost 40 states.

Late September

Replacing a candidate's name in late September could have been challenging. The parties would likely have needed to look to the courts. As Politico noted on August 4, 2016, the courts have shown a willingness to work with the parties on the issue of deadlines: "Courts have tended to discard ballot deadlines in favor of having two parties represented on the ballot.”[3] In 2002, for instance, the New Jersey Supreme Court allowed Democrats to replace their nominee for a U.S. Senate seat 15 days after the certification deadline.[4] In addition to this, election officials in the states have been known to show some leeway on the deadlines. Richard Winger, an expert on ballot access laws, told Ballotpedia by email, “even when major parties have missed deadlines for certifying presidential and vice-presidential nominees, or presidential elector candidates, election officials have always set the deadline aside.”[5]

The other factor to consider, however, is whether or not the opposing party would have filed lawsuits seeking to enforce state laws as they are written in order to prevent a replacement nominee from appearing on the ballot. Such a process would have consumed a considerable amount of time, energy, and resources for both parties and would likely have exacerbated the struggles of the party trying to get its replacement nominee on the ballot.

October/early November

In October, especially later in the month, and in early November (before November 8) the situation becomes significantly more complicated. At this point, nearly all ballot certification deadlines have passed, many ballots have been printed, and voters in some states will have already cast their ballots. This begs the question: what happens if a candidate has dropped out of the race but wins the popular vote in a state? Would the replacement nominee just receive those electoral votes? The answer lies in what that state has to say about its electors in the electoral college. The Constitution does not dictate how electors must cast their votes. But some states do. More than half the states have laws dictating how electors must vote. If the former nominee won in a state that does not have a law on how its electors vote, then, theoretically, they could win all of that state's electoral votes. But if the former nominee won in a state that does have a law on how its electors vote, then, one would have to look at that law's fine print to see what would happen and if the state's electoral votes could go to the replacement nominee.

Examples of state laws on presidential electors

  • Michigan: "Refusal or failure to vote for the candidates for president and vice-president appearing on the Michigan ballot of the political party which nominated the elector constitutes a resignation from the office of elector, his vote shall not be recorded and the remaining electors shall forthwith fill the vacancy." (Michigan State Statute 168.47)
  • Florida: "Each such elector shall be a qualified elector of the party he or she represents who has taken an oath that he or she will vote for the candidates of the party that he or she is nominated to represent." (Florida State Statute 103.021)
  • Colorado: "Each presidential elector shall vote for the presidential candidate and, by separate ballot, vice-presidential candidate who received the highest number of votes at the preceding general election in this state." (Colorado State Statute 1.4.304)

Deadlines for parties to certify their candidates for the general election

The table below details state deadlines for major political parties to certify the names of their presidential and vice presidential candidates for placement on the general election ballot.

Qualifications

Article 2, Section 1, of the United States Constitution sets the following qualifications for the presidency:[6]

“ 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.[7] ”
—United States Constitution

Party nomination processes

See also: Primary election and Caucus
Terms and definitions
Hover over each term to display a definition.
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][8][9]

Brittany Clingen explains the differences between primaries and caucuses.

In 2016, 35 U.S. jurisdictions (including states and territories) held a presidential preference primary to allocate convention delegates to both parties’ presidential candidates; in 13 jurisdictions, both parties held caucuses where party members gathered in precinct or county meetings to vote for delegates to a state convention that ultimately selected national convention delegates. Eight jurisdictions utilized a divided process in which one party held a primary to allocate delegates and the other conducted a caucus or convention.[11][12]

The Democratic National Committee and the Republican National Committee, the governing bodies for 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

Verbatim fact check: Is it too late for an independent presidential candidate to get on the ballot for the November election?
Verbatim examined ballot requirements and filing deadlines for all 50 states, plus the District of Columbia, and it is still possible for an independent candidate to get on ballots in 50 of those 51 jurisdictions, more than enough for a candidate to win the 270 electoral votes required to become president. It would, however, be difficult for such a candidate to meet the requirements to qualify for the ballot by the deadlines the states have set. Read Ballotpedia's Verbatim fact check »
See also: Filing deadlines and signature requirements for independent presidential candidates, 2016

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 was estimated that an independent presidential candidate in 2016 would need to collect more than 880,000 signatures. California was expected to require independent candidates to collect 178,039 signatures, more than any other state. Tennessee was expected to require 275 signatures, fewer than any other state.

The map below compares signature requirements by state. A lighter shade indicates a lower total signature requirement 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, 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 Filing deadline
Alabama 5,000 5,000 8/18/2016
Alaska 1% of the total number of state voters who cast ballots for president in the most recent election 3,005 8/10/2016
Arizona 3% of all registered voters who are not affiliated with a qualified political party 36,000 9/9/2016
Arkansas 1,000 1,000 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 8/12/2016
Colorado 5,000 5,000 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 8/10/2016
Delaware 1% of the total number of registered voters in the state 6,500 7/15/2016
Florida 1% of the total number of registered voters in the state 119,316 7/15/2016
Georgia Temporary court order applying only to 2016 candidates 7,500 7/12/2016
Hawaii 1% of the total number of votes cast in the state for president in the most recent election 4,372 8/10/2016
Idaho 1,000 1,000 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 6/27/2016
Indiana 2% of the total vote cast for secretary of state in the most recent election 26,700 6/30/2016
Iowa 1,500 eligible voters from at least 10 of the state's counties 1,500 8/19/2016
Kansas 5,000 5,000 8/1/2016
Kentucky 5,000 5,000 9/9/2016
Louisiana 5,000 5,000 8/19/2016
Maine Between 4,000 and 6,000 4,000 8/1/2016
Maryland 1% of the total number of registered state voters 38,000 8/1/2016
Massachusetts 10,000 10,000 8/2/2016
Michigan 30,000 30,000 7/21/2016
Minnesota 2,000 2,000 8/23/2016
Mississippi 1,000 1,000 9/9/2016
Missouri 10,000 10,000 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 8/17/2016
Nebraska 2,500 registered voters who did not vote in any party's primary 2,500 8/1/2016
Nevada 1% of the total number of votes cast for all representatives in Congress in the last election 5,431 7/8/2016
New Hampshire 3,000 voters, with at least 1,500 from each congressional district 3,000 8/10/2016
New Jersey 800 800 8/1/2016
New Mexico 3% of the total votes cast for governor in the last general election 15,388 6/30/2016
New York 15,000, with at least 100 from each of the state's congressional districts 15,000 8/2/2016
North Carolina 2% of the total votes cast for governor in the previous general election 89,366 6/9/2016
North Dakota 4,000 4,000 9/5/2016
Ohio 5,000 5,000 8/10/2016
Oklahoma 3% of the total votes cast in the last general election for president 40,047 7/15/2016
Oregon 1% of the total votes cast in the last general election for president 17,893 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 8/1/2016
Rhode Island 1,000 1,000 9/9/2016
South Carolina 5% of registered voters up to 10,000 10,000 7/15/2016
South Dakota 1% of the combined vote for governor in the last election 2,775 8/2/2016
Tennessee 25 votes per state elector (275 total) 275 8/18/2016
Texas 1% of the total votes cast for all candidates in the previous presidential election 79,939 5/9/2016
Utah 1,000 1,000 8/15/2016
Vermont 1,000 1,000 8/1/2016
Virginia 5,000 registered voters, with at least 200 from each congressional district 5,000 8/26/2016
Washington 1,000 1,000 7/23/2016
Washington, D.C. 1% of the district's qualified voters 4,600 8/10/2016
West Virginia 1% of the total votes cast in the state for president in the most recent election 6,705 8/1/2016
Wisconsin Between 2,000 and 4,000 2,000 8/2/2016
Wyoming 2% of the total number of votes cast for United States Representative in the most recent general election 3,302 8/30/2016
TOTALS 884,453
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 34 states, a write-in presidential candidate must file some paperwork in advance of an election. In nine 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.

Ballot access for minor parties

See also: List of political parties in the United States

Some states have special provisions permitting parties to place presidential candidates on the ballot without attaining full ballot status. In 2016, the Democratic and Republican parties were fully ballot-qualified in all 50 states, granting them presidential ballot access by default. As of October 3, 2016, the following large minor parties had achieved presidential ballot access as indicated:[14][15][16]

  1. Libertarian Party: 50 states
  2. Green Party: 44 states (write-in status in an additional three states)
  3. Constitution Party: 23 states (write-in status in an additional 20 states)

The maps below provide further details for each of these parties. Hover over a state to see further details.

"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.[17][18][19]

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.[17]

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.[20][21]

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

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." The tables below list monthly and quarterly filing schedules for 2016.[22]

Notable independent and third party candidacies

Ross Perot, 1992

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).[23][24][25]

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.[23][24][25]

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, moderator 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."[26][27]

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." The debate was rendered moot when Trump became the presumptive Republican nominee in May 2016.[26][27]

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.[28][29]

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.[28][29]

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.[30][31]

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).[30][31]

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.[30][31]

Recent news

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See also

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External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Vote Smart, "Government 101: United States Presidential Primary," accessed August 15, 2015
  2. ↑ Roll Call, "Replacing Trump on Ballots: Murky Payoff and a Legal Thicket," August 9, 2016
  3. ↑ Politico, "Playbook," August 4, 2016
  4. ↑ LA Times, "What if Trump drops out?" August 4, 2016
  5. ↑ Email from Richard Winger on August 5, 2016
  6. ↑ The Constitution of the United States of America, "Article 2, Section 1," accessed August 3, 2015
  7. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
  8. ↑ 8.0 8.1 8.2 The Washington Post, "Everything you need to know about how the presidential primary works," May 12, 2015
  9. ↑ 9.0 9.1 9.2 FactCheck.org, "Caucus vs. Primary," April 8, 2008
  10. ↑ 10.0 10.1 Council on Foreign Relations, "The Role of Delegates in the U.S. Presidential Nominating Process," June 10, 2008
  11. ↑ Federal Election Commission, "2012 Presidential Primary Dates and Candidate Filing Deadlines for Ballot Access," June 18, 2012
  12. ↑ Frontloading HQ, "The 2016 Presidential Primary Calendar," accessed September 9, 2015
  13. ↑ 13.0 13.1 13.2 13.3 More information about this state's filing processes will be added when it becomes available.
  14. ↑ Libertarian Party, "2016 Presidential Ballot Access Map," accessed October 3, 2016
  15. ↑ Green Party US, "Ballot Access," accessed October 3, 2016
  16. ↑ Constitution Party, "Ballot Access," accessed October 3, 2016
  17. ↑ 17.0 17.1 This information comes from research conducted by Richard Winger, publisher and editor of Ballot Access News.
  18. ↑ The Georgetown Law Journal, "Sore Lower Laws and Democratic Contestation," accessed August 13, 2015
  19. ↑ CNN, "Trump 3rd party run would face 'sore loser' laws," August 13, 2015
  20. ↑ Federal Election Commission, "The FEC and Federal Campaign Finance Law," updated January 2015
  21. ↑ Federal Election Commission, "Quick Answers to Candidate Questions," accessed August 13, 2015
  22. ↑ Federal Election Commission, "2016 Reporting Dates," accessed June 29, 2016
  23. ↑ 23.0 23.1 MSNBC, "Ross Perot myth reborn amid rumors of third-party Trump candidacy," July 24, 2015
  24. ↑ 24.0 24.1 PBS, "The Election of 1992," accessed November 6, 2015
  25. ↑ 25.0 25.1 Federal Election Commission, "Federal Elections 92," accessed November 6, 2015
  26. ↑ 26.0 26.1 The Wall Street Journal, "Donald Trump Swears Off Third-Party Run," September 3, 2015
  27. ↑ 27.0 27.1 The Guardian, "Donald Trump signs pledge not to run as independent," September 3, 2015
  28. ↑ 28.0 28.1 Justia.com, "Williams v. Rhodes - 393 U.S. 23 (1968)," accessed December 26, 2013
  29. ↑ 29.0 29.1 Oyez - U.S. Supreme Court Media - IIT Chicago-Kent College of Law, "Williams v. Rhodes," accessed December 26, 2013
  30. ↑ 30.0 30.1 30.2 Justia.com, "Anderson v. Celebrezze - 460 U.S. 780 (1983)," accessed December 26, 2013
  31. ↑ 31.0 31.1 31.2 Oyez Project - U.S. Supreme Court Media - IIT Chicago-Kent College of Law, "Anderson v. Celebrezze," accessed December 26, 2013

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This article is curated by the Public Policy Desk:
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