Legal

Legal Aspects of Third Parties

Congressional and Presidential Primaries: Open, Closed, Semi-Closed, and "Top Two"

Overview:

This page details information about the main categories of congressional primaries in the United State ( open, closed, semi-closed, and "top two") and puts each state into one of these categories. We also include information regarding the type of presidential primary or caucus held in each state.

This information is as up-to-date as possible as of May 2012. However, states and parties regularly make changes to their primary or caucus rules. If any of the information below has changed, please email us at info [at] fairvote.org and we will review our information and update it, if warranted.

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National Association of Secretaries of State document on laws governing Third Party access to elections. (PDF format. Very good legal summary of all states)

SUMMARY: STATE LAWS REGARDING PRESIDENTIAL BALLOT ACCESS FOR THE GENERAL ELECTION

SEPTEMBER 2012

This document provides a summary of the laws in each state relevant to the placement of a candidate for president on the general election ballot, and the requirements for a presidential candidate to run as a write-in candidate. 

Generally a presidential candidate nominated by a political party that meets certain criteria is placed on the general election ballot. This criteria is often based on a threshold number of votes cast at a recent election for a particular office or offices. A number of states provide an alternative mechanism for an organization to qualify in order to nominate candidates, for example by filing a petition or having a certain number of voters affiliated with the organization. 

Additionally, all states have a procedure for independent candidates, and in some cases individual presidential candidates of a political organization, to obtain ballot access. Most states also permit a presidential candidate to be a write-in candidate, and many of these states require that the candidate file a notice prior to the election.

The summary for each state includes the timeframes for certifying the names of the candidates for president and vice-president and the names of the presidential electors; the requirements for a political party to be eligible to nominate a presidential candidate; the number of signatures required on a petition in order for a presidential candidate to obtain ballot access; a description of any additional ballot access methods where applicable; and the timeframes required for filing a notice in order to be a write-in candidate for president.

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Let bygones be bygones: Cold War-era laws punish independent parties

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Police arrest US presidential candidate Jill Stein at debate site

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The Obstacles for Third Parties to Overcome. 

Excerpts from the book

Third Parties in America

by Steven J. Rosenstone, Roy L. Behr, Edward H. Lazarus

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