Ballot Issues

Getting on the Ballot

Until the end of the 19th century, getting a candidate's name on the ballot was not a difficult task because there were virtually no restrictions on ballot access in the United States. Ballot access rules determine if a candidate's name, a political party, or a particular issue are allowed to appear on the ballot. Examples of highly restrictive laws include a Minnesota law that requires petitions to be completed within a two-week period, and a Georgia law that requires new party and independent candidates to submit a petition signed by five percent of all registered voters in order to get on the ballot. Other less restrictive laws include minimum signature requirements and fees paid to the state in exchange for access to the ballot.

Forty-six states have either explicit “sore loser laws” or filing deadlines that prevent candidates (other than presidential ones) from changing parties after the primary. The impact of such laws was highlighted in 2006, when nationwide attention was focused on the race for the U.S. senate seat in Connecticut, in which Democratic newcomer Ned Lamont beat out incumbent Senator Joe Lieberman in the party's primary. Lieberman then decided to remain in the race as an independent, leading to a 3-way race between himself, Lamont, and the Republican candidate, Alan Schlesinger. Had Connecticut had sore loser provisions, Lieberman may have been able to stay in the race, but only as a Democrat. Lieberman and Lamont would then have split the Democratic vote, allowing Schlesinger to win (despite the fact that the Republican was the least popular of the three candidates).

Proponents of more open ballot access argue that limiting access to the ballot has the effect of unjustly restricting the choices available to the voters, disad-vantaging third-party candidates and those who are not affiliated with either of the established parties. But, might some sort of ballot access rules be necessary? Those in favor of restrictions argue that they permit only serious candidates to get on the ballot, [Page 56]thus keeping ballots shorter and more manageable. This was certainly the case in the 2003 California Governor-recall race won by Arnold Schwarzenegger when there were only minimal requirements to get on the ballot and 135 people ran.

The Secrecy Problem

Early ballots in the United States consisted of pieces of paper supplied and marked by the voters themselves. Later on, political parties took advantage of the opportunity to market their candidates by providing preprinted ballots for voters to fill out and deliver to the polling place themselves. Often distinguishable by size and/or color, these party-sponsored ballots provided political advertising through those holding them on their way to the polling place. However, they also enabled any poll attendant to observe exactly who people were voting for as polling places were often infiltrated with informants and corrupt poll workers who could utilize their ill-gotten knowledge to intimidate voters. Another common practice was “straight-arm voting,” whereby, groups of people were paid to march to the voting box with the colorful ballot held high for the ward heeler to see. This way, the party machine was able to verify that those who were being paid to vote in a certain manner were casting their ballots as they had previously agreed to. Needless to say, this system prevented voters from casting their ballot in secrecy.

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