Providing Fair Representation for All

Reasonable Ballot Access

2014 POLICY GUIDE

Federal and State Policy August 2014 Key Facts Removing unfair barriers to candidates appearing on the ballot upholds the rights of individuals and groups to Ohio: In 2006, the Sixth Circuit organize politically and discuss their ideas with voters. struck down Ohio’s restrictive ballot access law, stating that it impermissibly restricted minor The Problem: Until the end of the Signature requirements for new parties’ First Amendment rights. 19th century, state and local parties should not be prohibitively governments did not print ballots high. States should not impose Oklahoma: For three elections in a for elections. Candidates did not unrealistic deadline requirements row (2004, 2008 and 2012), Oklahoma has been the only state to have to earn access to a government- that preclude minor parties from only have Democratic and printed ballot – instead, they obtaining necessary signatures. Republican presidential candidates on typically just filed for office and Providing minor parties with the ballot. Write-in candidates are also sought votes. Today, state laws reasonable access to the ballot gives not allowed in Oklahoma. governing ballot access vary widely. voters more of a choice and In some states, it is nearly impossible improves the quality of democracy. for an independent or minor party Success Stories: In 2012, ballot Fiscal Impact candidate to get on the ballot. In access advocates won legal victories some states, it can be even harder to in several states. In Illinois, a court Generally, none. Requiring fewer get ballot access in congressional struck down a law requiring newly- signatures for new party petitions may races than in presidential races. qualifying parties to nominate a full actually save money by reducing administrative costs. A candidate rarely can win an slate of candidates, allowing election, or even compete in a Libertarians to run a candidate in meaningful way, if not on the ballot. one race without having to run As a result, strict ballot access limits candidates in other county offices. In Related Reforms voter choice. Every viable candidate 1998, Florida voters backed fair should be able to compete, and ballot access when they passed an  Ranked Choice Voting every election should meaningfully amendment to their state  Debate Access reflect diverse viewpoints. constitution that eased ballot access The Solution: States should pass for non-major parties. laws establishing commonsense In 2014, Tennessee changed its ballot access requirements for all county ballot access laws to make Part Two Resources candidates, including major party new political party ballot access a  Model Federal Uniform Ballot candidates in primaries and more realistic possibility in counties. Access Act independent and minor party At the same time, it corrected a  Model State Uniform Ballot candidates in general elections. wildly impractical special election Access Act Congress should pass a law petition requirement in response to a  Ballot Access News at establishing standards for ballot lawsuit brought by the Libertarian http://www.ballot-access.org access for federal offices. Party.

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