Ballot Access

Ballot access rules vary from state to state, but all states have requirements to keep the ballot from becoming unwieldy and to discourage frivolous candidacies. Usually a third-party or independent candidate must submit petitions with valid voters' signatures, which can range from as few as twenty-five in Tennessee to as many as 5 percent of the state's registered voters, which can run into several hundred thousands.

In Florida, for example, a third-party or independent candidate for governor needs petitions from 3 [Page p13]percent of the voters registered in the previous election, which for 2002 meant nearly 200,000 signatures. Because many signatures are likely to be judged invalid, the candidate must obtain several thousand more than the minimum to ensure placement on the ballot. New parties must pay for the validation (ten cents per signature in Florida), which poses another hurdle to candidates outside of the major parties.

Florida is one of the states where reformers have tried for years to ease what they call “unfair and restrictive election laws.” No independent candidate for governor of Florida has ever amassed the required number of signatures, according to the state's Fair Ballot Access Committee.

Third parties also complain that in many states they are forced to file too early, weeks or months before they know who their candidates will be. Some states require all parties to hold primaries to nominate candidates, which small third parties often are not prepared to do, especially early in the election year where the major parties have clustered their primaries. (See front-loading.)

The states' right to require petitions for ballot access was upheld by the Supreme Court in Jenness v. Fortson (1971). The Court ruled that a state could require separate petitions for each candidate of a new party, with a maximum of signatures from 5 percent of the number of voters registered in the previous election for the office.

States also may specify how the signatures are gathered, such as a minimum percentage from each congressional district; signatures unacceptable from persons who voted in the major-party primaries; no solicitation by persons living outside the district; signers required to pledge that they intend to vote for the new party; a limited time period for the signatures collection; or signers required to provide information they are not likely to know, such as their registration number or voting precinct designation.

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