SIXTH CIRCUIT UPHOLDS TENNESSEE BALLOT ACCESS RESTRICTION FOR MINOR PARTIES
On May 1, the Sixth Circuit issued an opinion in Darnell v Hargett, 24-5856. It upholds the Tennessee procedure to place a new or previously unqualified party on the ballot, a procedure that requires the signatures of 2.5% of the last gubernatorial vote. Currently that is 43,498 signatures. In the recent past, it has sometimes been as high as 56,083 signatures.
The decision is by Judge Chad Readler, a Trump appointee. It is also signed by Judge Amul Thapar, a Trump appointee; and Eric Clay, a Clinton appointee.
The decision is only nine pages and does not mention any U.S. Supreme Court precedent. It merely says that because the same law had been upheld in 2016, in a case filed by the Green and Constitution Parties, the matter is settled. The Darnell case is a Libertarian Party lawsuit.
Other courts, including the U.S. Supreme Court, have sometimes invalidated ballot access laws even though the same law had been upheld by another court in the recent past.
Arkansas: in 1972, the State Supreme Court upheld the 7% (of the last gubernatorial vote) petition for a party to get on the ballot in American Party of Arkansas v Brandon, 484 SW 2d 881. Yet a U.S. District Court struck down the same law in 1977 in American Party v Jernigan, 424 F.Supp 843.
Illinois: in 2005, the State Appeals Court upheld the law requiring new parties to run a full slate of candidates in Green Party v Henrichs, 822 NE 2d 910. But in 2016, a U.S. District Court struck down the same law in Libertarian Party of Illinois v Scholz, 164 F.Supp.3d 1023.
Illinois(2): in 1948, the U.S. Supreme Court upheld the county distribution requirement for minor party and independent petitions in MacDougall v Green, 335 U.S. 281. But, in 1969, the same Court struck down the same law in Moore v Ogilvie, 393 U.S. 814.
Michigan: in 1976, a 3-judge U.S. District Court upheld a law requiring new parties to receive three-tenths of 1% of the primary vote in order to be on the general election ballot in Hudler v Austin, 419 F.Supp. 1002. But in 1982, the State Supreme Court invalidated the same law in Socialist Workers Party v Secretary of State, 317 NW 2d 1.
Washington: in 1973, the state Supreme Court upheld the loyalty oath for candidates in Hughes v Kramer, 511 P 2d 1344. But, in 1974, the same court changed its mind and struck down the law in Orians v James, 529 P 2d 1063.
In the current Tennessee Libertarian Party case, the U.S. District Court had refused to hold a trial so that new evidence could be presented. And, the Sixth Circuit even refused to hold oral argument in the case. If oral argument had been held, the cases listed above could have been discussed. They hadn’t been in the briefs because the attorney for the plaintiff had no notice that the judges needed to be informed that sometimes ballot access laws that had been upheld are later struck down.
The law makes no sense. Tennessee cannot argue that tens of thousands of signatures are needed for new party petitions when the state lets any candidate get on the ballot as an independent for only 25 signatures (independent presidential candidates need 275 signatures).
Normally, a state would defend its high petition requirement by arguing that otherwise the ballot would be too crowded. But Tennessee obviously does not worry about crowded general election ballots.
With such easy procedures for independents, and such difficult procedures for new parties, the state is causing voter confusion. Minor party candidates always appear as independents on the ballot, so the voters have no way to know which minor party is backing any particular candidate. Every U.S. Supreme Court ballot access case has said that states have an interest in avoiding voter confusion. Yet Tennessee is causing voter confusion.
None of the decisions in either the current case, nor the 2016 case, mention this point.
None of the decisions in the current case, nor the 2016 case, mention that no party has qualified in Tennessee by petition since 1968. The U.S. Supreme Court has said twice that whether a ballot access restriction is too harsh can be determined by seeing how often the procedure is used. Ironically, the Sixth Circuit has struck down other severe ballot access laws that had been used successfully. In 2006, it struck down the Ohio procedure for a new party, even though it had been used successfully six times in the 35 years it was in existence. And, in 2017, it struck down the Michigan statewide independent petition procedure, even though it had been used twice in the 29 years it had existed.
The case may be appealed to the U.S. Supreme Court. The Coalition for Free & Open Elections will help to pay for it if its funds are sufficient.
U.S. SUPREME COURT LOOKING AT NEW YORK BALLOT ACCESS CASE
The U.S. Supreme Court has held four weekly conferences in which it considered whether to hear Meadors v Erie County Board of Elections, 24-684. The last one was May 23, and the next one is May 30. The issue is the New York petition deadline for independent candidates and the nominees of unqualified parties. This is the first time since 1991 that the Court has considered a ballot access cert petition filed by a minor party or independent candidate in which the Court didn’t reject it at the first conference.
The Court won’t announce the results of its May 30 conference until Monday, June 2.
The Second Circuit had refused to decide the constitutionality of the May deadline, saying the case is moot. The deadline had been in August until 2019, when the legislature moved it to May.
SECOND CIRCUIT WON’T ENJOIN NEW YORK LABEL RESTRICTION
On May 2, the Second Circuit refused to let Jim Walden, an independent candidate for Mayor of New York City, use “Independence” as his ballot label. Walden v Kosinski, 25-764.
There is no party in New York called the Independence Party, although there was in the past. Walden simply wished to present himself as someone who has independence from the major parties. There is a state law saying that no party may have “Independence” or “Independent” as part of its name, but the law has now been construed to cover labels for independent candidates. The Second Circuit did not explain its reasoning, but said it would later.
The judges are Gerald Lynch and Alison Nathan (Obama appointees) and Eunice C. Lee (Biden).
BALLOT ACCESS BILLS
California: AB 930, which would have required some write-in candidates to pay a filing fee, has been amended so it no longer has that provision.
Delaware: on May 14, the Senate Elections & Governmental Affairs Committee passed HB 65. It had already passed the House. It moves the non-presidential primary from September to April. If the bill becomes law, the deadline to qualify a new party will automatically move from August to March.
Idaho: on April 4, Governor Brad Little signed SB 1157. It says that independent presidential candidates need not list a vice-presidential nominee on the petition. Instead, after the petition is submitted, the presidential candidate notifies the state of who the vice presidential nominee is. This bill only passed because Robert F. Kennedy, Jr. had sued the state. He argued that major parties don’t normally choose their vice presidential nominees until the summer, so it is discriminatory to force him to make an early selection.
Kansas: on April 10, HB 2056 went into effect. It requires parties that nominate by convention to submit notarized declarations of candidacy for all their nominees. Governor Laura Kelly didn’t sign the bill, but she let it become law without her approval.
Maryland: On May 6, Governor Wes Moore signed HB 41. It moves the petition deadline for new party petitions from August to July, and also says that if a party petition doesn’t have enough valid signatures, the group must start all over with a new petition; it can’t supplement the old petition.
Montana: on May 19, Governor Greg Gianforte signed HB 207. It lowers the non-presidential independent petition from 5% of the winner’s vote to 4%.
Nevada: AB 534 failed to pass. It would have required independent candidates to submit a declaration of candidacy in February.
New Hampshire: SB 222 moves the non-presidential primary from September to June. However, unlike past bills on the same subject, it decouples the primary date from the petition deadline for independent candidates and the nominees of unqualified parties. Existing law puts the petition deadline a month before the primary. The bill says the petition deadline is eleven weeks before the general election.
Rhode Island: on April 8, SB 907 was defeated in the Senate Judicial Committee. It would have eased the definition of a qualified party.
South Carolina: the legislature has now adjourned, and HB 3557 failed to pass. It would have required candidates who are nominated in conventions to pay a filing fee. Current law says only primary candidates pay a filing fee. Every party is entitled to choose whether it nominates by primary or convention, but in practice only the two major parties ever use primaries.
Texas(1): on May 14, HB 4309 was defeated in the House by 60-78. It would have helped minor parties. Currently, filing fees paid by candidates running in a primary go to the political party. But, filing fees paid by candidates nominated in conventions go to the government. Only the two major parties have primaries. The Libertarian Party had worked hard for this bill, but now that it has been defeated, the party will carry on with its pending lawsuit.
Texas(2): SB 1209 failed to advance and it is now too late to pass. It would have moved the runoff primary from the 4th Tuesday in May to the 2nd Tuesday in May. That would have had the automatic effect of moving the independent candidate petition deadline from June 25 to June 11.
INDEX TO PAST B.A.N. TABLES
Ballot Access News has published many tables, but until now there has been no index of such tables. Here is a guide, or Index, to past tables. However, this guide does not include the tables on election returns for particular elections (which were always printed soon after that election occurred). Nor does it include tables that give the national convention vote for presidential candidates for the Libertarian, Reform, Green, or Constitution Parties. Nor does it include tables showing the number of nominees for each party for each house of Congress, state legislature, or Governor (these tables were published shortly before each election). Nor does it list tables in presidential election years showing which candidates are on that year’s primary or general election ballots, or how many votes they received. Finally, it does not include the many tables showing the progress of petitioning for minor parties and (in presidential years) certain independent presidential candidates.
BALLOTS, WHICH STATES HAD FEWEST PRESIDENTIAL CANDIDATES 1912-2004: June 2007. Also see “Candidates, Number of Minor Party and Independents Through Time.”
BALLOT ACCESS LAWS, CHANGES THROUGH TIME:
What year was each state’s ballot access for new parties easiest: Nov 2023.
What year was each state’s ballot access petition percentage highest: June 2025. Also see “Legislative Behavior.”
BALLOT ACCESS LAWS COMPILED, SIGNATURES:
Number of signatures for a minor party to get on in all states 1928-1990: Sep 26, 1989; for 1928-1994: Sep 19, 1993. Number of signatures for minor parties and independents U.S. House: Apr 14, 1989; Sep 2007, Feb 2014, Sep 2017, Oct 2021.
Number of signatures for a minor party to be on ballot in all U.S. House races 1928-2002: Oct 2001.
Number of signatures for major party presidential primary candidates: Mar 8, 1994; Jan 2006, Nov 2015, June 2019, May 2023.
Number of signatures for independent candidates for U.S. Senate: Mar 2023.
Number of signatures for a new party to run for all partisan offices in 1994: Feb 8, 1994.
Number of signatures for a minor party to get on for president by state in 1920: July 3, 1998.
Number of signatures for a new party to run a full statewide slate: Oct 2006.
Number of signatures for a minor party presidential nominee: Mar 2005, Oct 2018.
Number of signatures for a minor party or independent presidential nominee 1892-2004: Dec 2025.
Number of signatures for minor party and independents for president, easier method: July 2021, April 2022.
Number of signatures for statewide independents: July 2018, May 2025.
List of states with two methods for minor parties to get on ballot: April 2017.
BALLOT ACCESS LAWS COMPILED, DEADLINES:
Minor party deadlines: Jan 2014, June 2021.
Independent candidate deadlines: Mar 2014.
Independent candidate deadlines for president: May 2014, Feb 2019.
Presidential primary candidate deadlines compared with independent candidate deadlines: June 2019, May 2023.
Primary deadlines contrasted to general election deadlines: Aug 2015.
BALLOT ACCESS LAWS COMPILED, LAST TIME EACH WAS USED: May 2006, Oct 2011, Mar 2025.
BALLOT ACCESS LAWS COMPILED, WHEN CAN PETITIONS START TO CIRCULATE?: June 15, 1992.
BALLOT ACCESS LAWS COMPILED, HOW A PARTY RETAINS ITS STATUS: Apr 2005, Sep 2006, Nov 2010, Aug 2016, May 2017, Nov 2018, Aug 2024.
BALLOT LABEL RESTRICTIONS: see Political Party Names, Legal Restrictions.
CANDIDATES, NUMBER OF MINOR PARTY AND INDEPENDENTS THROUGH TIME: Sep 20, 1994; Oct 18, 1994; May 2005, June 2005, May 2006, July 2008, July 2010, June 2014, July 2014, Nov 2014, June 2017, Nov 2017, Oct 2019, Apr 2021, Oct 2021, Jan 2022, Oct 2022, June 2023, July 2023.
Last time a minor party or independent on ballot in each state for non-presidential statewide office: Mar 2025.
CANDIDATES, U.S. HOUSE ELECTIONS WITH ONLY ONE CANDIDATE ON BALLOT 1996-2018: May 2020.
CITYVOTE 1995 ELECTION RETURNS: Nov. 16, 1995.
CONVENTIONS: see Index entry “Presidential Conventions.”
CROWDED BALLOTS RECORDS BY STATE:
Statewide office: Sep 2001, Mar 2009, Aug 2011, Aug 2021.
Presidential primaries: July 2005, Aug 2015, Oct 2015.
Governor: Feb 2022.
U.S. Senate: Dec 2021.
U.S. House: Aug 2009, Sep 2021.
Note: also see Index entry for “Uncrowded Ballots.”
DEADLINE IN EACH STATE FOR A NON-PRESIDENTIAL CANDIDATE TO FILE FOR GENERAL ELECTION: Nov. 2009.
DEBATES: how many presidential candidates would have been included in general election debates if everyone on the ballot in states with at least half the electoral college vote were invited: July 2007.
FILING FEE AMOUNTS: Sep 27, 1989; April 2022.
GEORGIA, ABSENCE OF MINOR PARTY CANDIDATES FOR U.S. HOUSE COMPARED WITH OTHER STATES: Feb 2013.
National vote for US House 1922-2022, compared with same for Georgia: Oct 2022.
HISTORIC LIST OF ALL MINOR PARTY AND INDEPENDENT WINNERS FOR U.S. HOUSE 1902-2000: June 2001.
List of minor parties electing someone to the U.S. House and how many, 1828-1948: June 2015.
HISTORIC PETITIONING RECORDS STATEWIDE: Aug 2001, Dec 2009.
HISTORIC PETITIONING RECORDS FOR U.S. HOUSE: July 2009.
HISTORIC VOTE PERCENTAGE RECORDS:
Lowest percentage ever received in each state by a winning presidential nominee: Sep 2009.
Lowest percentage ever received in each state by a winning gubernatorial candidate: Aug 2009.
Highest percentage in each state for a minor party legislative candidate: Jan 2002, March 2023.
Highest percentage in each state for a minor party gubernatorial nominee, 1948-2000: Nov 2001.
Highest percentage in each state for a minor party U.S. Senate nominee, 1948-2000: Nov 2001.
Highest percentage in each state for a minor party candidate for U.S. House: Dec 2001.
Highest percentage for a Libertarian for Governor or U.S. Senate: July 2023.
Last time in each state when a minor party got 5% for Governor: Dec 2013.
List of instances when a minor party got over 900,000 votes in the nation in a midterm year for the topmost office: Nov 2014.
HISTORIC VOTE SHARES WON BY MINOR PARTY AND INDEPENDENTS FOR TOPMOST OFFICE, MIDTERM YEARS THROUGH HISTORY: Dec 2002, Nov 2014, Dec 2018, Dec 2022.
HISTORIC ELECTION WINS OF MINOR PARTY OR INDEPENDENT CANDIDATES:
Last time a minor party elected a state legislator in each state: Sep 2007.
Last time a minor party or independent won a congressional race in each state: Feb 2018.
Last time a minor party or independent won a state office in each state: Dec 2007.
Last time a minor party or independent won for Congress or state office: July 2022.
Last time a minor party or independent won a gubernatorial race: Apr 2013.
INDEPENDENT CANDIDATES, LAST TIME GUBERNATORIAL CANDIDATE QUALIFIED: Mar 2006.
JUDICIAL BEHAVIOR:
Whether federal judges appointed by Republican presidents or Democratic presidents are more favorable to ballot access: Sep 1, 1989; Nov 6, 1992.
U.S. Supreme Court refusals to hear ballot access cases: Apr 2009, Nov 2011, Nov 2019.
What each state’s petition requirements would be under the Supreme Court’s worst ballot access decision, Jenness v Fortson: Feb 2002, Mar 2022.
Instances when a court upheld a ballot access law, but then in a following case the same law was struck down: June 2025.
Number of ballot access wins per year, 1968-2009: Feb 2010.
Decisions striking down too high signature requirements: Apr 2016. Also see Precedents.
LaROUCHE SUPPORTERS WHO WON DEMOCRATIC PRIMARIES 1988, VOTE COMPARED TO NORMAL DEMOCRATS IN PREVIOUS ELECTION: Feb. 1, 1989.
LEGISLATIVE BEHAVIOR:
List of best ballot access bill that passed each year 1922-2022: June 2022.
List of each state’s most recent change to the law on how a party remains on the ballot: Jan 2016, Dec 2019.
List of each state’s most recent change easing ballot access: May 2009, Nov 2017.
For each four-year period 1893-2001, how many states made ballot access worse: Aug 2002.
For each four-year period 1893-2001, how many states voluntarily eased ballot access: Sep 2002.
List of instances when a state tripled or even more drastically increased petition requirements: Aug 24, 1995.
List of instances when states eased retention requirements, 1976-2023: June 2023.
LIBERTARIANS WHO WON REPUBLICAN PRIMARIES 1988, VOTE COMPARED TO NORMAL REPUBLICANS IN PREVIOUS ELECTION: Feb 27, 1989.
ORDER OF CANDIDATES ON THE BALLOT: Presidential ballot order in each state: Dec 2020.
PETITION CONTENTS FOR INDEPENDENT PRESIDENTIAL CANDIDATES: Dec 2015, Sep 2023.
POLITICAL PARTY CONTRIBUTIONS FROM STATE INCOME TAX CHECKOFF: Aug 2000, Aug 2001, Aug 2002, Sep 2003, Aug 2004, Aug 2005, Aug 2006, Oct 2007, Oct 2008, Oct 2009, Aug 2010, Sep 2011, Sep 2012, Sep 2013, Sep 2014, Sep 2015, Sep 2016, Aug 2017, Sep 2018, Oct 2019, Nov 2020, Nov 2021, Nov 2022.
POLITICAL PARTY, NUMBER QUALIFIED IN EACH STATE 1981-2004: Apr 2005.
Last time party qualification procedure used in each state: Oct 2011.
Last time minor party legislative candidate appeared in each state: July 2010.
POLITICAL PARTY, LIST OF ALL U.S. PARTIES 1789-2004: Number of parties: Aug 2005; Parties listed: Sep 2005.
POLITICAL PARTY REFERENCES IN STATE CONSTITUTIONS: May 2013.
POLITICAL PARTY NAMES, LEGAL RESTRICTIONS:
List of past and present qualified parties with names that would be illegal in New York: Aug 2022.
List of past and present parties with “Independent” or “Independence” in their names: Aug 2019.
List of most recent instances in each state when “Independent” or “Independence” was printed on the ballot: May 2018. List of instances in each state when two parties shared a common word in each of their names: Jan 2018.
Study of whether independent candidates do better when they are able to have the word “Independent” on the ballot: Aug 2013.
POLITICAL PARTIES THAT EXIST IN ONLY ONE STATE YET HAD PRESIDENTIAL NOMINEES: Apr 2020.
POLITICAL PARTIES WORLDWIDE, HOW MANY REPRESENTED IN LEGISLATURE OF EACH NATION: May 2015.
PRECEDENTS FOR CERTAIN BALLOT ACCESS ISSUES:
Too early deadlines: Apr 2012, Mar 2019.
County distribution requirements: May 2022.
Petitioning relief when normal period is shortened: May 2022.
Too many signatures needed: Apr 2016.
Qualifications: Cases striking down qualifications for federal office that aren’t listed in U.S. Constitution: Apr 2019.
PRECEDENTS FOR BALLOT ACCESS LAWSUIT WINS GENERALLY:
Unreported federal decisions striking down ballot access laws: May 2021.
Last time in each state that a ballot access law was struck down: June 2009, Mar 2017, Sep 2017.
PRESIDENTIAL CONVENTIONS, MAJOR PARTIES, DATES & CITIES: June 2006, May 2019.
PRIMARY SEASON MATCHING FUNDS RECEIVED BY MINOR PARTIES: Feb 1, 2021.
PRIMARIES:
Which minor parties have presidential primaries: Aug 2023.
Dates of presidential primaries: May 4, 1995; July 27, 1995; Oct 1999, Nov 2011, Apr 2015, May 2019.
Dates of midterm primaries 1990-2014: Nov 2013.
Dates of midterm primaries 1918-2018: Oct 2017.
Dates of midterm primaries and code citations: Feb 2018.
Dates of congressional primaries in presidential years: Dec 2011. Note: see Index entry for “Top-two primaries.”
REGISTRATION DATA BY PARTY: Feb 8, 1993; Dec 15, 1994; Feb 7, 1996; Dec 12, 1996; May 7, 1998; Dec 8, 1998; Apr 1, 2000; Dec 5, 2000; Sep 2002, Dec 2002, Feb 2004, Dec 2004, July 2006, Jan 2007, Mar 2008, Dec 2008, June 2010, Dec 2010, Feb. 2012, Dec 2012, Apr 2014, Dec 2014, Mar 2016, Dec 2016, Aug 2017, Mar 2018, Nov 2018, Mar 2020, Nov 2020, Mar 2021, Dec 2021, Aug 2022, Dec 2022, Dec 2023, June 2024, Nov 2024.
SORE LOSER LAWS FOR PRESIDENT: Sep 2015.
STATE CONSTITUTION MENTIONS OF POLITICAL PARTIES: May 2013.
TOPMOST OFFICE IN MIDTERM YEARS, PERCENTAGE OF VOTE TO MINOR PARTY AND INDEPENDENT CANDIDATES: see Index entry “Historic vote shares won by minor party and independents for topmost office, midterm years.
TOP-TWO PRIMARIES, HOW DO MINOR PARTY CANDIDATES FARE: June 2013, July 2014, Oct 2016, Sep 2020, Sep 2022, Apr 2025.
How did the California top-two system affect the number of minor party candidates who filed in the primary: Apr 2018.
How often did Washington state minor parties appear on the general election ballot before top-two: Oct 2009.
Change in general election turnout between 2010 and 2014, showing turnout fell more in California than any other state: Mar 2015.
How top-two has affected California primary turnout: July 2023.
How top-two worked in Washington 2008: Mar 2009.
UNCROWDED BALLOTS:
One candidate elections for U.S. House 1972-2018: Oct 2018, May 2020.
Number of U.S. House candidates 1970-2016: June 2017.
VOTER SUPPORT FOR MINOR PARTIES AND INDEPENDENTS:
Last time a minor party or independent won federal or state office in each state: July 2022.
Last instance when a minor party or independent won a congressional race: Feb 2018.
Last time a minor party or independent candidate was elected Governor in each state: Apr 2013.
Last instance when a minor party or independent won a statewide race: Dec 2007.
List of minor party or independent candidates who won a congressional election since 1902: June 2001.
List of top minor party gubernatorial candidates in each state 1948-2000: Nov 2001.
List of top minor party U.S. Senate candidates in each state 1948-2000: Nov 2001.
List of top minor party U.S. House candidates in each state 1948-2000: Dec 2001.
List of top minor party legislative candidates in each state since World War II: Jan 2002, Mar 2023.
Last time a minor party candidate got 5% for Governor in each state: Dec 2013.
List of instances when a minor party polled at least 900,000 votes for the top most office in midterm years 1894-2014: Nov 2014.
List of parties that elected someone to the U.S. House and how many each of them elected 1828-present: June 2015.
List of top Libertarian for Governor or U.S. Senate in each state in history: July 2023.
Share of the national U.S. House vote received by minor party and independent candidates 1916-2000: May 2001. Same, 1990-2012: Jan 2013.
Number of votes received by minor party and independent candidates in the nation 1922-2022, contrasted with Georgia: Oct 2022.
Number of votes received by minor parties for U.S. House by state 1914, the 20th century’s greatest multi-party year: Feb 2016.
Percentage of the vote for the top office in midterm elections 1914-2010 that went to minor party and independent candidates: Nov 2014.
WRITE-INS:
List of top vote-getting write-in presidential candidate in each state in history: Jan 2010. Note that Illinois entry is erroneous, and should say Ralph Nader, 3,571 votes, 2004.
Text of laws on filing for write-in status: July 2016.
TOUGHEST PERCENTAGE FOR BALLOT ACCESS FOR NEW PARTIES IN HISTORY
| State | Year | Number of Signatures | Formula | Law Was in Effect |
| Alabama | 2022 | 51,588 | 3% of last gub. vote | 1997-present day |
| Alaska | 1982 | 7,616 | 3% of last gub. vote; sep pet | 1981-1982 |
| Arizona | 1912 | 23,438 | 2% of last vote cast | 1979-1991 |
| Arkansas | 1976 | 50,887 | 7% of last gub. vote | 1971-1977 |
| Calif. | 1928 | 36,375 | 3% of last gub. vote | 1917-1929 |
| Colorado | 1973 | 10,500 | number stated in law; sep pet | 1973-1975 |
| Conn. | 1988 | 14,910 | 1% of last vote | 1971-1994 |
| Delaware | 1976 | 2,431 | 1% of registered voters | 1976-1977 |
| Florida | 1936 | 39,534 | get 30% of vote via write-ins | 1931-1937 |
| Georgia | 1978 | 1,150,790 | 5% of reg. voters; sep pet | 1943-1979 |
| Hawaii | 1998 | 6,015 | 1% of registered voters | 1970-1999 |
| Idaho | 1970 | 24,512 | 10% of last gub. vote | 1970-1971 |
| Illinois | 2024 | 25,000 | number stated in law | 1931-2018, 2022-present day |
| Indiana | 2022 | 44,935 | 2% of last vote for Sec. State | 1983-present day |
| Iowa | 2024 | 3,500 | number stated in law | 2021-present day |
| Kansas | 1974 | 27,647 | 3% of last gub. vote | 1970-1984 |
| Kentucky | 2024 | 5,000 | number stated in law | 1978-present day |
| Louisiana | 2002 | registration of 138,848 | registered members of 5% | 1976-2004 |
| Maine | 1984 | 23,015 | 5% of last gub. vote | 1976-1986 |
| Maryland | 1998 | 85,752 | 3% of reg. voters + 10,000 | 1971-1998 |
| Mass. | 1962 | 72,514 | 3% of last gub. vote | 1939-1973 |
| Michigan | 1938 | 44,618 | 1% of last gub. vote | 1988-present day |
| Minn. | 2022 | 12,000 | number stated in law; sep pet | 1889-present day |
| Miss. | 2023 | zero | file list of officers | 1890-present day |
| Missouri | 1988 | 21,083 | 1% of last gub. vote | 1953-1993 |
| Montana | 1976 | 91,310 | 5% of winner vote; sep pet | 1969-1981 |
| Nebraska | 2022 | 6,980 | 1% of last gub vote | 1969-present day |
| Nevada | 1922 | 2,720 | 10% of last vote cast | 1893-1917 & 1921-1925 |
| N Hamp. | 2024 | 3,000 | number stated in law | 1981-present day |
| N Jersey | 2025 | 2,000 | number stated in law | 2025-present day |
| N Mexico | 1970 | 127,592 | 5% of last vote cast; sep pet | 1969-1971 |
| N York | 2024 | 45,000 | number stated in law | 2021-present day |
| No. Car. | 2016 | 89,366 | 2% of last gub. vote | 1983-2017 |
| No. Dak. | 2024 | 7,000 | number stated in law | 1983-present day |
| Ohio | 1954 | 540,776 | 15% of last gub. vote | 1951-1968 |
| Okla. | 2014 | 66,744 | 5% of last vote cast | 1974-2015 |
| Oregon | 1986 | 61,327 | 5% of last vote cast | 1935-1989 |
| Pennsyl. | 1984 | 49,933 | 2% of winner’s vote | 1971-2016 |
| Rhode Is. | 2018 | 6,000 | number stated in law; sep pet | 1976-present day |
| So. Car. | 2024 | 10,000 | number stated in law | 1950-present day |
| So. Dak. | 1974 | 30,818 | 10% of last gub. vote | 1939-1984 |
| Tennessee | 1972 | 62,431 | 5% of last gub. vote | 1961-1972 |
| Texas | 2022 | 83,435 | 1% of last gub. vote | 1967-present day |
| Utah | 2024 | 2,000 | number stated in law | 1997-present day |
| Vermont | 1974 | 1,893 | 1% of last gub. vote | 1890-1977 |
| Virginia | 1996 | 30,336 | .5% of reg voters; sep pet | 1970-1998 |
| Wash. | 2024 | 1,000 | number stated in law | 2004-present day |
| W. Va. | 1916 | 11,768 | 5% of last vote cast | 1915-1916 |
| Wisc. | 1974 | 12,000 | number stated in law | 1966-1977 |
| Wyoming | 1982 | 8,485 | 5% of last US House vote | 1961-1984 |
This has the year at which each state’s access % for new parties was most difficult for statewide office. All procedures permitted the party label. If there is a tie in “year” column, the latest is shown. “Sep pet” = separate petitions.
If there was more than one method, the easier one is shown. Number of signatures is to get a full statewide slate on.
JUSTICE DAVID SOUTER DIES
On May 8, former U.S. Supreme Court Justice David Souter died at the age of 85. In 1992, he had written Norman v Reed, the last Supreme Court decision that defended ballot access for minor parties. The law interpreted several Illinois election laws in a permissive manner. It allowed the Harold Washington Party to be on the ballot for Cook County partisan offices.
In that decision, he wrote eloquently that the Constitution protects the “right of citizens to create and develop new political parties.” He also wrote, “To a degree that a State would thwart this interest by limiting the access of new parties to the ballot, we have called for a demonstration of a corresponding interest sufficiently weighty to justify the limitation, and we have accordingly required any severe restriction to be narrowly drawn to advance a state interest of compelling importance.”
Unfortunately, the Supreme Court has forgotten this holding and has not acted favorably to ballot access since this decision came out.
2025 CANADIAN ELECTION
On April 28, Canada held a parliamentary election. Five parties won seats, which is normal in that country: Liberal, Conservative, New Democratic, Bloc Quebecois, and Green.
Canadian ballot access is very easy. A candidate only needs 100 signatures and a filing fee of $1,000 (which is returned if the candidate polls at least 5%). Canada’s experience demonstrates that the absence of proportional representation doesn’t always guarantee that there will be only two parties elected to office.
DEMOCRATIC CONGRESSMAN WON’T JOIN NO LABELS PARTY
News reports in mid-April said that Maine Democratic Congressman Jared Golden was thinking of changing his registration to the No Labels Party and running as the No Labels nominee for Governor. But, on May 20, he said he would stick with the Democratic Party and also that he would run for re-election to the U.S. House.
ANDREW CUOMO WILL RUN AS AN INDEPENDENT IF HE LOSES DEMOCRATIC PRIMARY
On May 27, New York City mayoral candidate Andrew Cuomo submitted an independent candidate petition, so that if he loses the June Democratic primary he will still be on the November ballot. His ballot label is “Fight and Deliver.”
FLORIDA STATE SENATOR WILL RUN FOR GOVERNOR AS AN INDEPENDENT
On May 9, Florida State Senator Jason Pizzo said he will run for Governor as an independent next year. Last month he had changed his registration from “Democratic” to “independent.” He had been Minority Leader in the State Senate.
NEW PARTY QUALIFIES IN FLORIDA
The Men Going Their Own Way Party qualified for the Florida ballot recently. Because that is such a long name, the Secretary of State considers the party name to be the MGTOW Party. It believes that men should not associate socially with women.