OntheWilderSide

With the elections today, alternative parties, minor parties, or third parties (however you like to call them) in some states may move up or down on the rung of ballot access.

The chart below explains how in some states, the Presidential election year affords an opportunity for an alternative party to score the votes they need to earn official party status.

While the major parties (who control most state legislatures, therefore writing election law) don’t usually make it easy on alternative parties, some states at least provide windows of opportunity for statewide voting to earn a party its status. In some states, there are criteria set about how many votes, or what percentage of the vote, that a party earns on the Presidential line in order to be considered an official party. In more ballot-access-friendly states, then, a party might be allowed to get a reasonable number for any statewide race. But, other states might have no method of vote-earning, only a huge petitioning requirement. And, others might have vote-earning criteria that are more difficult or happen less often (ie: In California, a party can get 2% (or 1% of last regular vote) in any statewide race, but it only counts for the gubernatorial year.)

In New York, the only chance an alternative party (or “independent body”) has of becoming an official party and/or earning automatic ballot status happens at the Governor’s race, every 4 years. The first hurdle is gathering signatures to place one’ candidate on the ballot for Governor, that earns the right to have enrollees and be a party in some sense. But, to get automatic ballot status (easier to run local candidates, ballot reserved for party in each locality), in New York a party must earn 50,000 votes for their Governor candidate.

Research from Richard Winger of Ballot Access News
Reported over at Independent Political Report
Retention requirements for smaller political parties
First posted October 30th, 2008

Here are the vote percentages, by state, that each of the alternative parties has to get in order to retain a place on the ballot for the next election, without having to petition to get back on. The final column represents the last time such a requirement has been successfully met by a party other than Democratic or Republican. Thanks to Richard Winger of Ballot Access News for the research.

Ala	Any statewide office	20%	17-16-2	2000
Alas	Governor or US Senator	3% (or 2% of total Regis.)	15.60.010	2004
Az	President or Governor	5% (or .67% of total Regis.)	16-804A	2004
Ark	President or Governor	3%	7-1-101(1)	1996
Cal	Any statewide, gubernatorial years	2% (or Reg. 1% last vote)	5100a	2004
Colo	Any statewide	1% (or have 1,000 reg.)	1-4-1303	2004
Ct	Any (each office separate)	1%	9-372(f)	2002
Del	Party’s vote irrelevant	.05%	3001	2004
Fla	Party’s vote irrelevant	File list of officers	97.021(14)	2004
Ga	Any statewide	1%	21-2-180(2)	2004
Hi	Party’s vote irrelevant	Be on last 3 elections	11-62(d)	2004
Id	Party’s vote irrelevant	Must have run 3 candidates	34-501(1)a	2004
Il	Any statewide	5%	10-2	1996
In	Secretary of State	2%	3-8-7-25	2002
Io	President or Governor	2%	43.2	2000
Kan	Any statewide	1%	25-302(b)	2004
Ky	President	2%	118.325	1996
La	Party’s vote irrelevant	Must have 1,000 registrants	441	2004
Me	President or Governor	5% at either of last 2 elec.	321.1	2002
Md	President or Governor	1%	lawsuit	2000
Ma	Any statewide	3% (or 1% registration)	50-1	2002
Mi	Any statewide	1% Sec State winner’s vote	168.685(3)	2004
Mn	Any statewide	5% at either of last 2 elec.	200.02.7	2002
Ms	Party’s vote irrelevant	Must be organized	23-1-81(c)	2004
Mo	Any statewide	2% at either of last 2 elec.	115.013(10)	2004
Mt	Any statewide, either of last 2 elec.	5% of gub. winner’s vote	13-10-601	2004
Neb	Any statewide	5%	32-521	2002
Nev	Any statewide	1% of U.S. House vote	293.1715	2004
N H	Governor or U.S. Senator	4%	652:11	1996
N J	Lower house of legislature	10% of statewide vote	19:1-1	1913
N M	President or Governor	5%	1-1-9	2002
N Y	Governor	Must poll 50,000 (about 1%)	1-104.3	2002
N C	President or Governor	2%	163-96(1)	1996
N D	Pres., Gov., Sec. Of State, Att. Gen.	5%	16.1-11-30	1996
Oh	President or Governor	5%	3517.01	1996
Ok	President or Governor	10%	1-109	1996
Ore	Any statewide	1% of U.S. House vote	248.008(2)	2004
Pa	Party’s vote irrelevant	15% registration membership	2872.2(a)	never
R I	President or Governor	5%, either of last 2 elec.	17-1-2(f)	2000
S C	Party’s vote irrelevant	Must have run 1 candidate	7-9-10	2004
S D	Governor	2.5%	12-1-3(3)	1994
Tn	Any statewide	5%	2-104(27a)	1968
Tx	Any statewide	5% (or, 2% for Governor)	181.005(b)	2004
Ut	Any statewide	2% of U.S. House vote	20-3-2(g)	2004
Vt	Party’s vote irrelevant	Be organized in10 towns	2103(23)	2004
Va	Any statewide	10%, either of last 2 elec.	24.2-101	1994
Wa	Any statewide	5%	29.01.090	2000
W V	Governor	1%	3-1-8	2004
Wis	Any statewide	1%, either of last two elec.	5.62(1b)	2002
Wy	U.S. House, Governor or Sec. State	2%

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