Ballot access requirements for political parties in Arkansas

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Although there are hundreds of political parties in the United States, only certain parties qualify to have the names of their candidates for office printed on election ballots. In order to qualify for ballot placement, a party must meet certain requirements that vary from state to state. For example, in some states, a party may have to file a petition in order to qualify for ballot placement. In other states, a party must organize around a candidate for a specific office; that candidate must, in turn, win a percentage of the vote in order for the party to be granted ballot status. In still other states, an aspiring political party must register a certain number of voters.

HIGHLIGHTS
  • As of November 2023, Arkansas officially recognized four political parties. See the table below for further details.
  • In some states, a candidate may choose to have a label other than that of an officially recognized party appear alongside his or her name on the ballot. Such labels are called political party designations. Arkansas does not allow candidates to use political party designations.
  • To learn more about ballot access requirements for political candidates in Arkansas, see this article.

    DocumentIcon.jpg See state election laws

    Process for a political party to obtain ballot status

    Seal of Arkansas

    DocumentIcon.jpg See statutes: Title 7, Chapter 7-205 of the Arkansas Code

    In Arkansas, a political party is defined as a group of voters whose candidate at the last preceding general election for governor or president received at least 3 percent of all votes cast for those offices. The steps a group must take in order to be recognized by the state are described below:[1]

    1. The political group wishing to become a recognized political party must file with the Arkansas Secretary of State 60 days before the candidate filing deadline.
    2. The group must file a petition containing 10,000 signatures from registered voters in the state. These signatures cannot be gathered earlier than 90 days before the petition filing deadline. An affidavit stating under oath that the group does not advocate in any way the overthrow of the United States government or the Arkansas government by any unlawful means must also be filed.[2][3][4]
    3. Once the secretary of state certifies the petition, the new political party may nominate candidates by convention for its first general election. The candidates nominated must file political practices pledges with the secretary of state no later than noon on the date of the primary election. The party must file certificates of nomination with the secretary of state or county clerk by noon on the date of the primary.[3]
    4. If the new party obtains 3 percent of the total votes cast for either their gubernatorial or presidential nominees, the party will become fully recognized. As long as the party's candidates continue to meet this threshold, the party will maintain its status and can nominate candidates via primary rather than by convention.[3]
    5. After a primary election, a recognized political party is required to hold a state convention to receive the election results for all offices from the Arkansas Secretary of State. The party must then give each successful candidate a certificate of nomination.[5]

    Political parties

    See also: List of political parties in the United States

    As of November 2023, Arkansas officially recognized four political parties. [6]

    Party Website link By-laws/platform link
    Democratic Party of Arkansas Link Party platform
    Libertarian Party of Arkansas Link Party platform
    No Labels Party Link Party platform
    Republican Party of Arkansas Link Party platform

    Noteworthy events

    Federal judge blocked 2020 ballot access law for new political parties (2019-2022)

    In 2019, the Arkansas state legislature passed legislation increasing the signature requirement for newly qualifying political parties from 10,000 to three percent of the total votes cast for governor in the last general election. At the time, this raised the number of signatures required to 26,746. The new legislation also shortened the deadline to meet the petition requirements and required new political parties to hold a convention to qualify their candidates. The Libertarian Party of Arkansas sued Secretary of State John Thurston (R) over these changes, calling the new legislation unconstitutional.[7][8]

    On July 3, 2019, Judge Kristine Gerhard Baker, of the U.S. District Court for the Eastern District of Arkansas, issued a preliminary injunction barring the state from enforcing the new legislation. In her opinion, Baker wrote, "There is no record of evidence before the Court that explains the State’s interest – let alone a compelling one – in requiring new political parties to meet the 3% requirement, file a petition more than a year in advance of the general election, and collect signatures in a 90-day window."[9][10]

    On July 12, 2019, attorneys for the state petitioned the U.S. Court of Appeals for the Eighth Circuit to reverse Baker's decision. Instead, the court decided to affirm Baker's preliminary injunction order on June 18, 2020. This temporary injunction blocked the new legislation from taking effect before the 2020 election. [11][7]

    The 2019 legislation required political parties to receive at least three percent of the vote in the top ballot race each election cycle in order to maintain their qualification. Since Jo Jorgensen, the Libertarian Party of Arkansas' 2020 presidential candidate, received one percent of the vote, the legislation required the party to re-qualify for ballot access in 2022. In response, the Libertarian Party of Arkansas sued Secretary of State Thurston again, and the case went back to Judge Baker and the U.S. District Court for the Eastern District of Arkansas.

    On September 30, 2022, Judge Baker struck down the same legislation she had temporarily enjoined in 2019. In her opinion, Baker wrote that the law’s provisions “collectively impose a severe burden on plaintiffs’ rights under the First and Fourteenth Amendments and that the State of Arkansas is unable to demonstrate that the statutes are narrowly drawn to serve a compelling state interest.”[12][8]

    Status changes for the Green Party and Libertarian Party (2014)

    The Green Party of Arkansas and the Libertarian Party of Arkansas were both recognized political parties during the 2012 elections. However, neither party's candidate received 3 percent of the vote in the presidential election. Because of that, both parties lost ballot status. The Libertarian Party of Arkansas successfully reapplied and was declared a legal political party by the Arkansas Secretary of State in October 2013.[13] The Green Party of Arkansas also successfully reapplied and was declared a legal political party in November 2013.[14][15] Both parties were qualified to place candidates on the ballot for the 2014 general election.

    Petition deadline moved for political parties (2013)

    In April 2013, HB 2036 was passed in both the Arkansas House of Representatives and the Arkansas State Senate.[16] This bill moved the petition deadline for political parties seeking official state recognition from April to January 2 and moved the petition deadline for independent candidates from May 1 to March 1. The bill passed unanimously in the Arkansas State Senate and John Walker (D) was the only legislator to vote against it in the Arkansas House of Representatives.[17]

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    See also

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    External links

    Footnotes

    1. Arkansas Code, "Title 7, Section 1-101-21," accessed December 3, 2013
    2. Cite error: Invalid <ref> tag; no text was provided for refs named arhb2036
    3. 3.0 3.1 3.2 Running for Public Office, "A 'Plain English' Handbook for Candidates," 2014 Edition, accessed February 2, 2015
    4. Arkansas Code, "Title 7, Section 3-108," accessed December 3, 2013
    5. Arkansas Code, "Section 7-3-107," accessed December 16, 2013
    6. Arkansas Secretary of State, "Elections," accessed September 14, 2022
    7. 7.0 7.1 Arkansas Democrat Gazette, "Federal judge declares six sections of Arkansas election law unconstitutional," October 2, 2022
    8. 8.0 8.1 Ballot Access News, "November Issue - Arkansas Ballot Access Win," accessed December 19, 2022
    9. Ballot Access News, "U.S. District Court Enjoins New Arkansas Petition 3% Requirement for New Parties," July 3, 2019
    10. United States District Court for the Eastern District of Arkansas Western Division, "Libertarian Party of Arkansas v. Thurston: Preliminary Injunction Order," July 3, 2019
    11. Ballot Access News, "Arkansas Appeals Libertarian Party Ballot Access Decision," July 14, 2019
    12. KUAR Public Radio, "Arkansas third party election law ruled unconstitutional, appeal being mulled," October 3, 2022
    13. Libertarian Party of Arkansas Website, "History of the Libertarian Party of Arkansas," accessed December 5, 2013
    14. Green Party of Arkansas Website, "Ballot Access," accessed December 5, 2013
    15. Arkansas Secretary of State Mark Martin, "New Political Party Petition--Green Party," November 6, 2013
    16. Open States, "HB 2036," accessed December 18, 2013
    17. Ballot Access News, "Arkansas Moves Deadline for Newly-Qualifying Parties to January, and Independent Deadline to March," July 8, 2013