November 2025 Ballot Access News Print Edition

WISCONSIN LEGISLATURE REPEALS LAW THAT ALMOST KEPT GREEN PARTY OFF 2024 BALLOT

On October 14, the Wisconsin legislature passed AB 149, which repeals a law that forced qualified parties to run candidates for the legislature if they wanted to be on the ballot for president.

The law says that qualified parties must choose their presidential elector candidates at an October meeting of the party’s legislators or their nominees for the legislature.  The meeting must be in the state capitol.  The law was passed in 1878 and had not been enforced in recent years.  Qualified minor parties don’t generally have any candidates for the Wisconsin legislature, because it is difficult for their members to get on their own party’s primary ballot.  For instance, in 2024, none of the three minor parties (Green, Constitution, and Libertarian) had any nominees for the legislature.  Their candidates need 200 signatures to get on the primary ballot for State House, and 400 for State Senate.

In 2024, an employee of the Democratic National Committee who lives in Wisconsin filed a legal document asking the Elections Commission to keep Jill Stein, the Green Party presidential nominee, off the ballot because the Green Party had not chosen its presidential elector candidates according to the law, because it couldn’t.  The Commission refused to remove Stein.  If it had done so, logically it should also have removed the Libertarian and Constitution Party presidential nominees from the ballot, because their parties didn’t follow the law either.

When the Commission refused to enforce the law, the Democratic objector sued the Commission in the State Supreme Court.   Strange v Wisconsin Elections Commission, 2024AP1643.

The State Supreme Court asked for briefs.  Wisconsin’s Democratic Governor, Tony Evers, filed an amicus brief and asked that Stein be removed on the grounds that laws should be followed.  But the Court refused to remove Stein, even though a majority of the justices were Democrats.  It issued a one-sentence opinion, saying “We determine that the petitioner is not entitled to the relief he seeks.”

The bill says that a qualified party chair may choose presidential elector candidates and certify their names to the Elections Commission, or a party may continue to nominate electors by the original method.

The old law could have been harmful to Americans Elect in 2012 and No Labels in 2024.  Both groups wanted to nominate a presidential candidate but not have any nominees for any other office.

The bill had seven sponsors in the State House, all of them Republicans.  An identical bill in the State Senate, SB 143 had six sponsors, also all Republicans.   No legislator voted “no” on either bill.

The bill still hasn’t been sent to the Governor Tony Evers, a Democrat.  It is likely that he will sign it, because no legislator voted against it.  Also, because the State Supreme Court refused to enforce the old law last year, it is a dead law.


MAINE EASES PRIMARY PETITION BURDEN

On June 20, Maine Governor Janet Mills signed LD 1977, an omnibus election law bill.  Among other provisions, it says a qualified party may tell the Secretary of State that it wants to let independent voters sign petitions for that party’s primary candidates.

Maine has very difficult petition requirements for candidates seeking a place on their own party’s primary ballot.  The law doesn’t take into account how many registered voters the party has.

The law requires 2,000 signatures for statewide office, and 1,000 for U.S. House, regardless of how may registered voters a party has.  It is so difficult for Greens and Libertarians to complete these petitions, neither party has ever been able to nominate candidates for either House of Congress since they have been qualified parties.  Instead, they had to run their candidates as independents.

The notice, telling the Secretary of State that a party wants to let independents sign its primary petitions, must be filed by December 31 of any odd year.

A somewhat similar bill, LD 1320, failed to pass in 2023.

Although the bill does not reduce the number of signatures for primary petitions, it makes it much easier for members of small qualified parties to collect these signatures, now that independent voters can sign.  30% of Maine voters are registered independents.

Other Provisions

The bill also lets qualified parties that wish to dissolve themselves do so.  No Labels took advantage of this new law earlier this year and is no longer a qualified party.

A third provision of the bill says that if an unqualified party is conducting a registration drive to get on the ballot, but it falls short, it can ask the Secretary of State to let it keep its registrants.  Then, if it continues the registration drive, it doesn’t need to start all over from zero.


CALIFORNIA TOP-TWO HEARING POSTPONED

On October 15, U.S. District Court Judge Maxine Chesney postponed the status conference in Peace & Freedom Party v Weber, n.d., 3:24cv-8308, from October 24 to February 27, 2026.  She did it because both sides asked her to.  There is a motion pending to dismiss the case, filed by the state.  Both sides felt it would be better to wait for the judge to rule on that motion before holding a status conference.


TEXAS CLOSED PRIMARY LAWSUIT

As noted in the October B.A.N., on September 4, the Texas Republican Party filed a federal lawsuit to require that the state let the party close its primary.  On October 9, the Attorney General said he would not defend the state law that mandates an open primary.  But on October 13, the Secretary of State, Jane Nelson, said she does support the open primary law. She said her office would hire outside attorneys to defend the state law.


SEVENTEEN STATES FILE AMICUS IN FLORIDA CASE ON OUT-OF-STATE PETITIONERS

On October 15, seventeen states filed an amicus curiae brief in the Eleventh Circuit in Florida Decides Healthcare v Byrd, 25-12370.  The brief defends Florida’s new ban on out-of-state circulators for initiatives.  It is filed by Alabama, Alaska, Georgia, Idaho, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas, Utah, and West Virginia.  All of these states have Republican Attorneys General.

Nine of these states don’t have the statewide initiative process.  Of those that do have the initiative, only North Dakota has a ban in place.  Arkansas also has a ban, but Arkansas did not sign the brief.


ADELITA GRIJALVA SUES U.S. HOUSE

On October 21, Adelita Grijalva and the state of Arizona filed a federal lawsuit over the refusal of U.S. House Speaker Mike Johnson to administer the oath of office.  She was elected to Congress on September 23 in a special election in Arizona, but the Speaker so far hasn’t been willing to swear her in.  Arizona v House of Representatives, 1:25cv-3740.  It is assigned to U.S. District Court Judge Trevor McFadden, a Trump appointee in the District of Columbia.

The case is based on the U.S. Supreme Court precedent Powell v McCormack, 395 U.S. 486.  In that case, New York Congressman Adam Clayton Powell had been re-elected in 1966, but the House refused to seat him because of ethics lapses on his part.  The Supreme Court said that the Constitution requires that persons who are elected and who meet the constitutional qualifications must be seated.


U.S. SUPREME COURT JUSTICES TALK ABOUT MINOR PARTIES

On October 8, the U.S. Supreme Court heard Bost v Illinois State Board of Elections, 24-568.  This is the case in which a Republican Congressman from Illinois sued to overturn an Illinois law that says absentee postal ballots may be counted if they arrive in the elections office up to two weeks after the election.  Bost argued that an 1872 federal law telling the states to hold congressional elections on the first Tuesday after the first Monday in November means that all ballots must be received by that day.

The Seventh Circuit ruled that Bost did not have standing to challenge the law, because it didn’t harm him.  He always wins re-election by a huge margin.   In 2024, he got 74.2% in a two-way race.

Then the Supreme Court took the case, just to settle whether he has standing.  The Court will not consider the merits of his claim about when absentee ballots must arrive.

At the hearing, several justices brought up minor parties to make the point that if the Seventh Circuit is right that Bost had no standing because he was going to win re-election anyway, what about minor parties, who aren’t going to win regardless of the challenged law.

Justice Neil Gorsuch said, “I want to turn to your colloquy with Justice Sotomayor for a minute because it does seem to me that whatever is required, it can’t be a showing that you would have won or lost the election as the candidate.  You pointed to Illinois v Socialist Workers case.  Boy, they had zero chance of winning the election, zero chance.  So that wouldn’t be the injury that’s required, it seems to me.”

A few minutes later, he again raised the point.  He said, “But imagine a law like the one in Jenness or Illinois Socialist Workers where a state requires, you know, a lot of signatures to get on the ballot, minor party candidate has no chance of winning.  Standing you think?”

In between Gorsuch’s comments, Justice Samuel Alito asked, “How would candidates for very minor parties fare under your rule where they have no chance whatsoever of winning?”

Earlier in the argument, when Paul Clement, the attorney for Bost, had mentioned the Socialist Workers Party and also 1980 independent presidential candidate John B. Anderson, Justice Sonia Sotomayor had wise-cracked, “Those are interesting bedfellows you are taking.”

The Bost attorney responded, “But I’m delighted to have those bedfellows because that’s the way we think about elections in this country.  We don’t think just give me the bottom-line result, give me the binary result, winner or loser.”


BOOK REVIEW: 107 DAYS

107 Days, by Kamala Harris,  2025,  305 pages.

This is former Vice President Kamala Harris’s account of her campaign for the presidency in 2024.  The title refers to the number of days between the day President Joe Biden announced he would not run for re-election and election day.  Each of the eighty-four chapters is titled by a calendar date.  Thus, the book is structured like a diary, although not all days have a chapter.  Some of the chapters are as short as a single page.

The book is highly personal, and anyone who is interested in political strategy will find it engaging.  Once I started reading it, I couldn’t put it down until I was finished.

Harris emphasizes how close the election was.   Page 234 says, “Ours was the third-closest presidential election in a century”, and that is accurate.  Only 1960 and 2000 were closer.  Page 295 says “Trump’s victory was whisker-thin.”

The book also mentions that Harris was leading in the polls for much of the campaign.  Page 144 says, “as of September 5, most polls had us pulling ahead by more than three points.”  And that was even before the presidential debate of September 10.

But nowhere does Harris make any reference to the candidates in the race other than Donald Trump and herself.  Page 57 does say, “I wished the protestors would understand that sitting out the election or voting for a third candidate would elect Trump”, but otherwise the book makes no mention that anyone else was running.

Therefore, there is no discussion whatsoever about the Robert F. Kennedy, Jr. campaign.  The book doesn’t even mention his name, except in the November 1 chapter when she says she attacked Trump for saying he would give Kennedy a big role in health care.

The election returns show that Harris would have won if the Trump vote had been 4% smaller in Pennsylvania, 3% smaller in Michigan, and 2% smaller in Wisconsin.  If the Democratic Party had not exhibited extreme hostility toward the Kennedy campaign, he would have remained in the race.  There is a consensus that the second-choice preference for voters who supported Kennedy was Trump.  For example, see Fight:  Inside the Wildest Battle for the White House, by Jonathan Allen and Amie Parnes.  Page 207 says, “On August 23, Robert F. Kennedy Jr. suspended his independent bid for the presidency.  Many of his Democratic-leaning supporters had already lined up behind Harris, meaning that his third-party candidacy could derail Donald Trump.  Though he registered in the low to mid single digits of most multi-candidate surveys, he was in a position to play spoiler.  Kennedy had built a following through an unorthodox coalition that included vaccine skeptics.  Trump had long pursued Kennedy’s endorsement, and its delivery promised to give him new voters.”

The actual returns show that Kennedy received .98% of the vote in the states in which he was on the ballot, even in the face of his appeal to his voters to vote for Trump.  If he had not withdrawn from the race, he would have been on the ballot of all states except New York.  It is easy to imagine that he would have polled 4%, which would have reversed the election outcome.

Harris writes in her book that free and fair elections are high on her list of values (see page 205).  But her book gives no hint that she believes the right to vote for minor party and independent candidates is an aspect of a free and fair election.  The book 2024:  How Trump Retook the White House and the Democrats Lost America, by Josh Dawsey, Tyler Pager, and Isaac Arnsdorf, says on page 65-66 that Harris wanted to “shut down” third parties.

The Democratic Party has an 80-year habit of challenging the ballot position of minor party and independent presidential candidates.  It has taken such action in a majority of all presidential elections starting in 1936.  Harris is the titular leader of the Democratic Party.  If her book had acknowledged that her party erred by driving Kennedy out of the race, the effect on future Democratic Party attitudes could have made a profound gain for voting rights.


ARIZONA LETS PARTY CHANGE NAME

On October 16, the Arizona Secreetary of State ruled that No Labels Party may change its name to the Arizona Independent Party.  All of the party’s registrants will be enrolled in the AIP.  This is the first time that Arizona had ever let a party change its name.  This action will help to persuade the Michigan Secretary of State to let the U.S. Taxpayers Party change its name to the Constitution Party.


WISCONSIN LEGISLATURE PASSES WITHDRAWAL BILL

On October 14, the Wisconsin legislature passed AB 35, which lets independent candidates withdraw.  Assuming the Governor signs the bill, that leaves California as the only state in which independent candidates cannot withdraw.

NEW JERSEY COURT RULES THAT OFFICE-GROUP BALLOTS ARE ILLEGAL

On October 10, a New Jersey state court ruled that counties, which generally have the freedom to design their own ballots, must not use office-group ballots in general elections.  Gloucester County Republican Committee v Hogan, L1286-25.  As a result, Gloucester County had to reprint all its November 2025 ballots.


2026 MAJOR PARTY U.S. SENATE PRIMARY PETITION REQUIREMENTS

This chart shows how many signatures a Republican for U.S. Senate needs to get on a primary ballot in 2026.  It shows that major party candidates need far fewer signatures than minor party and independent candidates do.  Most states do not require Democrats or Republicans to submit petitions, if they pay filing fees.  If the chart had featured Democrats, the numbers would have been different in Arizona, Iowa, New Mexico, and South Dakota.

This is evidence that stringent petition requirements are not needed to keep ballots from being flooded with too many candidates.  Primary ballots are not overly crowded.

State Number Sigs. Percent Code Reference Formula
Ala. 0 .00% 17-16-15 pay filing fee
Alaska 0 .00% 15.25.050 pay fee, then place in top 4 in primary
Ariz. 7,205 .16% 16-322.A.1 one-fourth of 1% of indp + pty members
Ark. 0 .00% 7-7-301(a) pay filing fee
Cal. 65 .00%+ Election code 8103 & 8062 number stated in law, plus filing fee
Colo. 0 .00+% 1-4-601 automatic if support at party meeting
Ct. 0 .00+% 9-382 thru 9-450 automatic if support at party meeting
Del. 0 .00+% Title 15, sec. 3103 pay filing fee
Fla. 0 .00% 99.061 pay filing fee
Ga. 0 .00% 21-2-131(a)(2) pay filing fee
Hi. 25 .01% Title 2, sec. 12-5, 12-6 number stated in law, plus filing fee
Ida. 0 .00% 34-701 pay filing fee
Ill. 5,000 .09% 10 ILCS 5/7-10 number stated in law
Ind. 4,500 .15% 3-8-2-8 number stated in law
Iowa 3,546 .21% Title 4, sec. 43.20 One-half of 1% of party’s 2022 gub. vote
Ks. 0 .00% 25-206 pay filing fee
Ky. 0 .00% Title 10, sec. 118.255 pay filing fee
La. 0 .00% Title 18, sec. 464 Pay filing fee
Me. 2,000 .24% Title 21-A, sec. 335 number stated in law
Md. 0 .00% Art. 33, sec. 5-401 pay filing fee
Mass. 10,000 .28% Ch. 53, sec. 44 number stated in law
Mich. 15,000 .26% 168.93 number stated in law
Minn. 0 .25% 1-4-802 pay filing fee
Ms. 0 .00% 23-15-297 pay filing fee
Mo. 0 .00% 115.357 pay filing fee
Mt. 0 .00% 13-10-202 pay filing fee
Neb. 0 .00% 32-608 pay filing fee
Nev. 0 .00% 293.193 pay filing fee
N.H. 0 .00% Title 4, 655:19(c) pay filing fee
N.J. 2,500 .02% 19-23-8 number stated in law
N.M. 2,351 .25% 1-8-33 2% of party’s primary vote for Gov 2022
N.Y. 0 .00% Ch. 17, sec. 6-104 show support at party meeting
No.C. 0 .00% 163-107 pay filing fee
No.D. 0 .00% 16.1-11-06 show support at party meeting
Ohio 1,000 .02% 3513.05,3513.10 number stated in law
Okla. 0 .00% Title 26, sec. 5-112 pay filing fee
Ore. 0 .00% Title 23, sec. 249.056 pay filing fee
Pa. 2,000 .03% Title 25, sec. 2872.1 number stated in law
R.I. 1,000 .19% 17-14-7 number stated in law
So.C. 0 .00% 7-11-210 pay filing fee
So.D. 2,171 .51% 12-6-4 1% of party’s 2022 gub. vote
Tenn. 25 .00+ 2-5-101(b) number stated in law
Texas 0 .00% Elec. Code 172.024 pay filing fee
Utah 0 .00% 20A-9-201 Show 40% support at party meeting
Vt. 500 .27% Title 17, sec. 2355 number stated in law
Va. 0 .00% 24.2-521 show support at party meeting
Wash. 0 .00% 29.18.050 pay filing fee
W.Va. 0 .00% 3-5-8 pay filing fee
Wis. 2,000 .06% Title 2, sec. 8.10,8.15 number stated in law
Wyo. 0 .00% 22-5-208 pay filing fee

This chart shows the 2026 petition requirements for a Republican Party candidate for U.S. Senate, for candidates who have substantial support at a state party meeting.  For Virginia, it assumes the party is nominating by convention.  The percentage is the number of signatures divided by that state’s presidential vote in November 2024.


2026 PETITIONING FOR STATEWIDE OFFICES

Party sigs Indp sigs LIB’T GREEN CONSTIT FORWRD Pty due Indp due
State Party sigs Indep sigs Libertar. Green Constitution Forward Pty due Indp due
Alabama 42,459 42,459 0 0 0 0 *May 19 May 19
Alaska (reg) 5,000 Pay fee already on *1,506 *765 0 May 4 June 1
Arizona 34,127 (est) 48,000 already on already on 0 0 Nov 28, 25 May 6
Arkansas 10,000 10,000 *12,150 0 0 0 April 28 *May 1
Calif. (reg 75,000 65 already on already on *226 *1,096 Dec 31 25 March 6
Colorado 10,000 8,000 already on already on already on *already on Jan 9 July 9
Conn. no procedure 7,500 can’t start can’t start can’t start can’t start – – Aug 10
Del. (reg) 780 7,800 already on already on *221 10 Aug 25 July 15
D.C. no procedure 3,000 can’t start already on can’t start can’t start – – Aug 5
Florida be organized 0 already on already on already on already on Apr 24 Apr 24
Georgia 72,680 70,083 500 0 0 0 July 14 July 14
Hawaii 861 25 already on *finished *finished 0 Feb 20 June 2
Idaho 18,102 1,000 already on 0 already on 0 Aug 30 March 21
Illinois no procedure 25,000 can’t start can’t start can’t start can’t start – – May 25
Indiana no procedure 36,944 already on 0 0 0 – – June 30
Iowa no procedure 3,500 *700 0 0 0 – – *June 2
Kansas 20,180 5,000 already on 0 0 0 June 1 Aug 3
Kentucky no procedure 5,000 can’ t start can’t start can’t start can’t start – – Aug 11
Louisiana 1,000  + 5,000 5,000 *0 *0 *0 *0 June 17 *July 1
Maine (reg) 5,000 4,000 already on already on 0 0 Jan 2 June 1
Maryld. 10,000 10,000 *4,700 already on 0 0 July 1 Aug 3
Mass. (reg) 45, 500 10,000         15,672 3,545 289 35 Feb. 1 July 28
Michigan 44,618 12,000 already on already on already on 0 July 16 July 16
Minn. 163,621 2,000 *0 *0 *0 *0 May 2 June 2
Miss. be organized 1,000 already on already on already on 0 March 1 Feb. 2
Missouri 10,000 10,000 already on 0 *200 0 Muly 27 July 27
Montana 5,000 *12,788 already on 0 0 0 March 2 May 26
Nebraska 6,726 4,000 already on 0 0 0 Aug 3 Sept 1
Nevada 14,271 250 already on 0 already on *2,000 May 12 May 12
N.Hamp 24,375 3,000 can’t start can’t start can’t start can’t start Aug 4 Aug 4
N Jersey no procedure 2,000 0 0 0 0 – – June 2
N Mex 3,560 +14,246 14,246 already on already on 0 *1,800 June 25 June 25
N York no procedure 45,000 can’t start can’t start can’t start can’t start – – May 26
No Caro 13,979 83,874 already on already on 400 *10,000 May 17 March 3
No Dak 7,000 1,000 0 0 0 0 April 6 Aug 31
Ohio 57,678 5,000 already on 0 0 3,000 July 1 May 4
Okla 34,599 0 already on 0 0 0 March 2 April 10
Oregon 29,294 22,445 already on already on already on 0 Aug 11 Aug 11
Penn. no procedure 5,000 can’t start can’t start can’t start can’t start Aug 3
R.I. 17,884 1,000 0 0 0 0 Aug 3 July 10
So.Car. 10,000 10,000 already on already on already on already on May 3 July 15
So.Dak. 3,502 3,502 already on 0 0 0 July 1 April 28
Tenn 43,498 25 0 0 0 0 Aug 5 *March 10
Texas 81,030 81,030 already on already on can’t start can’t start May 26 *May 11
Utah 2,000 #1,000 already on *already on already on already on Nv  30 ‘25 June 15
Vermont be organized 500 already on 0 0 0 Dec 31 ‘25 Aug 6
Virginia no procedure 10,000 can’t start can’t start can’t start can’t start June 16
Wash. no procedure 0 can’t start can’t start can’t start can’t start – – May 8
W.Va. no procedure 7,478 already on already on already on 0 – – Aug 3
Wisc. 10,000 2,000 already on already on already on can’t start April 1 June 1
Wyoming 5,201 5,201 already on 0 already on 0 June 1 Aug 24
#ON 30 *18 12 *4

* entry has changed since Sep. 2026 BAN


PARTY FOR SOCIALISM AND LIBERATION WILL ENTER 2026 RACES

The Party for Socialism and Liberation has almost never run candidates under its own name for any office except President.  However, it is changing that policy for 2026.  It has already nominated candidates for U.S. Senate in Massachusetts and Ohio, and will petition for them.  It needs 10,000 signatures in Massachusetts and 5,000 in Ohio.\


THREE-WAY DEBATES IN IRELAND AND NEW YORK CITY

On October 16, and again on October 22, a three-way debate was held for some candidates for Mayor of New York City.  The debaters were the Democratic and Republican nominees, and independent Andrew Cuomo.  No mention of voting rights occurred in either debate, although Cuomo might have been attacked for having made New York state ballot access far more difficult in 2020 when he was Governor.

On September 29 and October 5, all three candidates for President of Ireland debated each other.  After the October 5 debate, one of the three candidates withdrew, although it is too late to remove his name from the ballot.  Only the two remaining candidates debated on October 21.  Ireland uses ranked choice voting for its presidential elections.  The election was October 24.


KSHAMA SAWANT, INDEPENDENT SOCIALIST RUNNING FOR CONGRESS, HAS RAISED $183,688

Kshama Sawant, an independent socialist running for U.S. House from Washington’s 9th district, raised $183,588 during the period April 1, 2025 through September 30, 2025.  She is a former member of the Seattle city council.

The incumbent, Adam Smith, a Democrat, raised $625,845 during the same period.  No one else has announced for that seat.


FORWARD PARTY’S STATE SENATOR RESIGNS; FORWARD PARTY WILL CHOOSE REPLACEMENT

On October 22, State Senator Daniel Thatcher of Utah said he will resign this year.  He is the only Forward Party state legislator in the nation who is not a major party member.  Under Utah law, when a legislative vacancy occurs, the party of the former legislator chooses a replacement.  The Forward Party will choose a replacement by holding an online primary.  Candidates must file with the party by November 11 and must be Forward Party members.  All registered voters in the district will be eligible to vote.


GALLUP POLL ON A NEW PARTY

On October 20, Gallup Polls released results that ask voters if they favor a new major political party.  62% of respondents said they do favor such a party.  Gallup has been asking this question for decades, and 62% is the highest ever, except in 2013 63% said “yes”.


NO LABELS IS STILL ON BALLOT IN FOUR STATES

No Labels is still a qualified party in Colorado, Delaware, Kansas, and Oregon.  It remains on in three of those states because it has more registered voters than are required for party status.  It has been trying to remove itself from the ballot in all states, but in those four states, there is no authority for the state to let a party remove itself.


Comments

November 2025 Ballot Access News Print Edition — 4 Comments

  1. ABOLISH THE MINORITY RULE USA SENATE / MINORITY RULE USA H REPS / MINORITY RULE ELECTORAL COLLEGE
    UNIFORM DEFINITION OF ELECTOR-VOTER IN ALL OF THE USA
    PR – ALL LEGIS BODIES
    APPV -ALL EXECS/JUDICS
    TOTSOP

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