Ballot access requirements for presidential candidates in Georgia
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Note: This article is not intended to serve as an exhaustive guide to running for public office. Individuals should contact their state election agencies for further information.
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In order to get on the ballot in Georgia, a candidate for president of the United States must meet a variety of state-specific filing requirements and deadlines. These regulations, known as ballot access laws, determine whether a candidate or party will appear on an election ballot. These laws are set at the state level. A presidential candidate must prepare to meet ballot access requirements in advance of primaries, caucuses, and the general election.
There are three basic methods by which an individual may become a candidate for president of the United States.
- An individual can seek the nomination of a political party. Presidential nominees are selected by delegates at national nominating conventions. Individual states conduct caucuses or primary elections to determine which delegates will be sent to the national convention.[1]
- An individual can run as an independent. Independent presidential candidates typically must petition in each state in order to have their names printed on the general election ballot.[1]
- An individual can run as a write-in candidate.[1]
The information on this page applies only to presidential candidates. For additional information about ballot access requirements for state and congressional candidates, see this page.
Note: States are still in the process of planning their presidential nominating events. This page will be updated as information becomes available. See something we missed? Email us.
Year-specific filing information
2024
The tables below detail filing requirements for presidential candidates in Georgia in the 2024 election cycle. For additional information on candidate ballot access requirements in Georgia, click here.
Presidential primary candidates
Candidates for Georgia's presidential primaries do not file directly for ballot access. Instead, the parties themselves provide the names of their candidates for placement on the primary ballot. The filing requirements listed here reflect those issued by the party.[2]
| Filing requirements for presidential primary candidates in Georgia, 2024 | |||||||
|---|---|---|---|---|---|---|---|
| State | Party | Signatures required | Signature formula | Filing fee | Filing fee formula | Filing deadline | Source |
| Georgia | Democratic | N/A | N/A | N/A | N/A | Party filing deadline: 1/5/2024 Deadline to submit list of names to the SoS: 1/8/2024 |
Source |
| Georgia | Republican | N/A | N/A | $25,000[3] | Fixed | Party filing deadline: 11/12/2023 Deadline to submit list of names to the SoS: 1/8/2024 |
Source |
Unaffiliated and minor-party candidates
| Filing requirements for independent candidates in Georgia, 2024 | ||||||
|---|---|---|---|---|---|---|
| State | Signatures required | Signature formula | Filing fee | Filing fee formula | Filing deadline | Source |
| Georgia | Unknown | Unknown | Unknown | Unknown | Unknown | |
For filing information from previous years, click "[Show more]" below.
2020
The tables below detail filing requirements for presidential candidates in Georgia in the 2020 election cycle. For additional information on candidate ballot access requirements in Georgia, click here.
Presidential primary candidates
Candidates for Georgia's presidential primaries do not file directly for ballot access. Instead, the parties themselves provide the names of their candidates for placement on the primary ballot.[4]
Unaffiliated and minor-party candidates
On March 20, 2020, the petitioning deadline for unaffiliated and minor-party candidates was postponed to August 14, 2020, in response to the coronavirus pandemic.[5]
2016
The calendar below lists important filing deadlines in Georgia for the 2016 presidential election. For information about campaign finance reporting deadlines, see the chart further down the page.
| Dates and requirements for presidential candidates in 2016 | |||
|---|---|---|---|
| Deadline | Event type | Event description | |
| March 1, 2016 | Election date | Presidential preference primary | |
| July 12, 2016 | Ballot access | Filing deadline for independent candidates | |
| September 6, 2016 | Ballot access | Filing deadline for write-in candidates | |
| November 8, 2016 | Election date | General election | |
| Source: Georgia Secretary of State, "2016 Elections and Voter Registration Calendar," accessed September 21, 2015 | |||
Qualifications
Article 2, Section 1, of the United States Constitution sets the following qualifications for the presidency:[6]
| “ | No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.[7] | ” |
| —United States Constitution | ||
Article 2, Section 4, of the United States Constitution says an individual can be disqualified from the presidency if impeached and convicted:
| “ | The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.[7] | ” |
| —United States Constitution | ||
The 14th Amendment to the United States Constitution says an individual can also be disqualified from the presidency under the following conditions:
| “ | No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.[7] | ” |
| —United States Constitution | ||
Party nomination processes
- See also: Primary election and Caucus
| Hover over the terms below to display definitions. | |
| Ballot access laws | |
| Primary election | |
| Caucus | |
| Delegate | |
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A political party formally nominates its presidential candidate at a national nominating convention. At this convention, state delegates select the party's nominee. Prior to the nominating convention, the states conduct presidential preference primaries or caucuses. Generally speaking, only state-recognized parties—such as the Democratic Party and the Republican Party—conduct primaries and caucuses. These elections measure voter preference for the various candidates and help determine which delegates will be sent to the national nominating convention.[1][8][9]
The Democratic National Committee and the Republican National Committee, the governing bodies of the nation's two major parties, establish their own guidelines for the presidential nomination process. State-level affiliates of the parties also have some say in determining rules and provisions in their own states. Individuals interested in learning more about the nomination process should contact the political parties themselves for full details.
In Georgia, political parties conduct presidential preference primaries. To participate in the primary, a party's candidate for president must have won at least 20 percent of the total votes cast in the state for that office in the most recent presidential election. A participating party must submit to the secretary of state a list of candidates for placement on the ballot. This list must be submitted no later than 60 days prior to the primary.[10][11][12]
General election requirements
The president of the United States is elected not by popular vote, but by the Electoral College. The Electoral College comprises a total of 538 electors. Each state is allocated a number of electors equal to the size of its congressional delegation. The Office of the Federal Register administers the Electoral College process:[13][14]
| “ | On Election Day, the voters in each State choose the Electors by casting votes for the presidential candidate of their choice. The Electors’ names may or may not appear on the ballot below the name of the candidates running for President, depending on the procedure in each State. The winning candidate in each State—except in Nebraska and Maine, which have proportional distribution of the Electors—is awarded all of the State’s Electors.[7] | ” |
| —The Office of the Federal Register | ||
Typically, electors are selected by state parties. Federal law does not require electors to vote "according to the results of the popular vote in their states." Some states and political parties have enacted policies requiring their electors to vote in accordance with the popular vote. According to the Office of the Federal Register, "throughout our history as a nation, more than 99 percent of electors have voted as pledged."[13][14]
Georgia was allocated 16 electoral votes for the 2024 presidential election, the same number it was allocated in the 2012, 2016, and 2020 presidential contests.[15]
Political parties
A political party that conducted a presidential preference primary is not required to file additional paperwork in order to have the names of its candidates printed on the general election ballot.[16]
Independent and political body candidates
A political body is defined by state law as any political organization that does not qualify as a political party. Political body and independent presidential candidates must petition for placement on the general election ballot. On March 17, 2016, federal district court judge Richard Story ruled that Georgia's existing petition signature requirement for independent and political body presidential candidates was unconstitutionally high. Prior to Story's ruling, an independent or presidential body presidential candidate was required to submit a petition containing signatures equaling at least 1 percent of the total number of registered and eligible voters in the most recent presidential election. Story imposed a temporary requirement for 2016 candidates of 7,500 signatures. The state legislature was expected to revise the law for post-2016 presidential elections. As of November 20, 2023, the relevant statute had neither been revised nor repealed.[17][18]
The petition must be submitted to the secretary of state no earlier than 9:00 a.m. on the fourth Monday in June and no later than 12:00 p.m. on the second Tuesday in July preceding the primary election.[19][20][21]
In addition, an independent or political body candidate must file a notice of candidacy with the secretary of state by 12:00 p.m. on Friday following the fourth Monday in June. The candidate must also pay a qualifying fee at this time. The fee equals 3 percent of "total gross salary of the office paid in the preceding calendar year."[19][20]
The petition of a political body must include a sworn certificate by the group's chairperson and secretary "stating that the named candidate is the nominee of that political body by virtue of being nominated in a convention" in order to have the name of the political body printed alongside the candidate's name on the ballot. To learn more about the convention process for political bodies, see this page.[19]
Running for multiple offices
Some states prohibit candidates for the presidency from seeking other offices simultaneously. In Georgia, presidential candidates are not prohibited from running for other offices.[22]
Sore loser laws
Some states bar candidates who sought, but failed, to secure the nomination of a political party from running as independents in the general election. These restrictions are sometimes called sore loser laws. Under Georgia state law, no individual who ran for an office in a party's primary can run for the same office in the general election, either as the candidate of another party or as an independent.[23][24][25]
Richard Winger, publisher of Ballot Access News, has argued that, generally speaking, "sore loser laws have been construed not to apply to presidential primaries." His analysis of state sore loser laws and their applicability in presidential elections can be accessed here.[26]
Write-in requirements
A write-in candidate for the presidency must file a notice of intent with the secretary of state by the Tuesday after the first Monday in September (in the year of the election) in order to be eligible to serve should he or she win the election. In addition, the candidate must also file an affidavit affirming that the notice of intent was published in a "newspaper of general circulation in the state."[27]
Historical information
According to Richard Winger, publisher of Ballot Access News, between 1892 and 2012 there were 401 instances in which a state required an independent or unqualified party candidate to collect more than 5,000 signatures in order to appear on the general election ballot. In Georgia, there were 15 such instances during this period. See the table below for further details. The first column lists the state, the second lists the year, and the third lists the signature requirement. Columns four through nine list candidates and/or parties that met the requirement.[26]
| Filing requirements for independent and minor party candidates, 1894-2012 | ||||||||
|---|---|---|---|---|---|---|---|---|
| State | Year | Requirement | Successful parties or candidates | |||||
| Georgia | 1944 | 27,500 | -- | -- | -- | -- | -- | -- |
| Georgia | 1960 | 65,530 | -- | -- | -- | -- | -- | -- |
| Georgia | 1964 | 65,107 | -- | -- | -- | -- | -- | -- |
| Georgia | 1968 | 83,339 | American | -- | -- | -- | -- | -- |
| Georgia | 1972 | 98,022 | -- | -- | -- | -- | -- | -- |
| Georgia | 1976 | 108,395 | -- | -- | -- | -- | -- | -- |
| Georgia | 1980 | 57,540 | Libertarian | Anderson | -- | -- | -- | -- |
| Georgia | 1984 | 61,670 | -- | -- | -- | -- | -- | -- |
| Georgia | 1988 | 25,759 | Libertarian | New Alliance | -- | -- | -- | -- |
| Georgia | 1992 | 26,955 | R. Perot | -- | -- | -- | -- | -- |
| Georgia | 1996 | 30,036 | Reform | -- | -- | -- | -- | -- |
| Georgia | 2000 | 39,094 | Reform | -- | -- | -- | -- | -- |
| Georgia | 2004 | 37,153 | -- | -- | -- | -- | -- | -- |
| Georgia | 2008 | 42,489 | -- | -- | -- | -- | -- | -- |
| Georgia | 2012 | 50,334 | -- | -- | -- | -- | -- | -- |
Campaign finance requirements
- See also: Campaign finance requirements in Georgia
The Federal Election Commission (FEC) is the only agency authorized to regulate the financing of presidential and other federal campaigns (i.e., campaigns for the United States Senate and the United States House of Representatives). The states cannot impose additional requirements on federal candidates. Federal law requires all presidential candidates to file a statement of candidacy within 15 days of receiving contributions or making expenditures that exceed $5,000. The statement of candidacy is the only federally mandated ballot access requirement for presidential candidates; all other ballot access procedures are mandated at the state level. The candidacy statement authorizes "a principal campaign committee to raise and spend funds" on behalf of the candidate. Within 10 days of filing the candidacy statement, the committee must file a statement of organization with the FEC. In addition, federal law establishes contribution limits for presidential candidates. These limits are detailed in the table below. The uppermost row indicates the recipient type; the leftmost column indicates the donor type.[28][29]
| Federal contribution limits, 2023-2024 | |||||
|---|---|---|---|---|---|
| Candidate committees | Political action committees | State and district party committees | National party committees | Additional national party committee accounts | |
| Individual | $3,300 per election | $5,000 per year | $10,000 per year (combined) | $41,300 per year | $123,900 per account, per year |
| Candidate committee | $2,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| Multicandidate political action committee | $5,000 per election | $5,000 per year | $5,000 per year (combined) | $15,000 per year | $45,000 per account, per year |
| Other political action committee | $3,300 per election | $5,000 per year | $10,000 per year (combined) | $41,300 per year | $123,900 per account, per year |
| State and district party committee | $5,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| National party committee | $5,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| Note: Contribution limits apply separately to primary and general elections. For example, an individual could contribute $3,300 to a candidate committee for the primary and another $3,300 to the same candidate committee for the general election. Source: Federal Election Commission, "Contribution limits," accessed May 8, 2023 | |||||
Presidential candidate committees are required to file regular campaign finance reports disclosing "all of their receipts and disbursements" either quarterly or monthly. Committees may choose which filing schedule to follow, but they must notify the FEC in writing and "may change their filing frequency no more than once per calendar year."[30]
For contribution limits from previous years, click "[Show more]" below.
| Federal contribution limits, 2019-2020 | |||||
|---|---|---|---|---|---|
| Candidate committees | Political action committees | State and district party committees | National party committees | Additional national party committee accounts | |
| Individual | $2,800 per election | $5,000 per year | $10,000 per year (combined) | $33,500 per year | $106,500 per account, per year |
| Candidate committee | $2,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| Multicandidate political action committee | $5,000 per election | $5,000 per year | $5,000 per year (combined) | $15,000 per year | $45,000 per account, per year |
| Other political action committee | $2,800 per election | $5,000 per year | $10,000 per year (combined) | $35,500 per year | $106,500 per account, per year |
| State and district party committee | $5,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| National party committee | $5,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| Note: Contribution limits apply separately to primary and general elections. For example, an individual could contribute $2,800 to a candidate committee for the primary and another $2,800 to the same candidate committee for the general election. Source: Federal Election Commission, "Contribution limits," accessed August 8, 2019 | |||||
| Federal contribution limits, 2015-2016 | |||||
|---|---|---|---|---|---|
| Candidate committees | Political action committees | State and district party committees | National party committees | Additional national party committee accounts | |
| Individual | $2,700 per election | $5,000 per year | $10,000 per year (combined) | $33,400 per year | $100,200 per account, per year |
| Candidate committee | $2,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| Multicandidate political action committee | $5,000 per election | $5,000 per year | $5,000 per year (combined) | $15,000 per year | $45,000 per account, per year |
| Other political action committee | $2,700 per election | $5,000 per year | $10,000 per year (combined) | $33,400 per year | $100,200 per account, per year |
| State and district party committee | $5,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| National party committee | $5,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| Note: Contribution limits apply separately to primary and general elections. For example, an individual could contribute $2,700 to a candidate committee for the primary and another $2,700 to the same candidate committee for the general election. Source: Federal Election Commission, "The FEC and Federal Campaign Finance Law," updated January 2015 | |||||
Election agencies
Federal Election Commission
- 1050 First Street, NE
- Washington, D.C. 20463
- Telephone: 800-424-9530
- Email: info@fec.gov
Georgia Secretary of State, Elections Division
- Suite 802, Floyd West Tower
- 2 MLK Jr. Dr.
- Atlanta, Georgia 30334
- Telephone: 404-656-2871
- Email: Contact form
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See also
- Ballot access requirements for political candidates in Georgia
- Presidential election, 2024
- Ballot access for presidential candidates
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Vote Smart, "Government 101: United States Presidential Primary," accessed November 20, 2023 Cite error: Invalid
<ref>tag; name "votesmart" defined multiple times with different content - ↑ Official Code of Georgia Annotated, "§ 21-2-193," accessed January 8, 2020
- ↑ According to the Georgia Republican Party, "The making or failure to make a voluntary contribution is only one factor considered by the State Executive Committee and will be used to assess viability. The making of a contribution does not guarantee ballot access although it certainly is a demonstration of viability."
- ↑ Official Code of Georgia Annotated, "§ 21-2-193," accessed January 8, 2020
- ↑ Ballot Access News, "Georgia Secretary of State Extends Petitioning Deadline for Minor Party and Independent Candidates," March 20, 2020
- ↑ The Constitution of the United States of America, "Article 2, Section 1," accessed August 3, 2015
- ↑ 7.0 7.1 7.2 7.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ The Washington Post, "Everything you need to know about how the presidential primary works," May 12, 2015
- ↑ FactCheck.org, "Caucus vs. Primary," April 8, 2008
- ↑ Georgia Code, "Section 21-2-191," accessed November 20, 2023
- ↑ Georgia Code, "Section 21-2-193," accessed November 20, 2020
- ↑ Georgia Code, "Section 21-2-2," accessed November 20, 2023
- ↑ 13.0 13.1 Archives.gov, "What is the Electoral College?" accessed August 25, 2015
- ↑ 14.0 14.1 Archives.gov, "Who are the Electors?" accessed August 25, 2015
- ↑ Archives.gov, "Distribution of Electoral Votes," accessed November 20, 2023
- ↑ Georgia Code, "Section 21-2-132," accessed November 20, 2023
- ↑ Ballot Access News, "U.S. District Court Invalidates Georgia Petition Requirement for President, Imposes Temporary Standard of 7,500 Signatures," March 17, 2016
- ↑ Atlanta Journal-Constitution, "Georgia to fight ruling that lowers bar for third-party presidential candidates," April 14, 2016
- ↑ 19.0 19.1 19.2 Georgia Code, "Section 21-2-170," accessed November 20, 2023
- ↑ 20.0 20.1 Georgia Code, "Section 21-2-131," accessed November 20, 2023
- ↑ Georgia Code, "Section 21-2-132," accessed November 20, 2023
- ↑ Georgia Code, "§ 21-2-136 - Restriction on number of offices for which an individual may be nominated or be a candidate at any one election," accessed November 20, 2023
- ↑ SSRN, "Sore Loser Laws and Democratic Contestation," accessed November 16, 2023
- ↑ Harvard Journal of Law & Public Policy, "“If You Ain’t First, You’re Last”: How State “Sore-Loser” Laws Make It Impossible For Trump To Run A Successful Third-Party Campaign If He Loses The Republican Primary," accessed November 16, 2023
- ↑ Georgia Code, "Section 21-2-137," accessed November 20, 2023
- ↑ 26.0 26.1 This information comes from research conducted by Richard Winger, publisher and editor of Ballot Access News.
- ↑ Georgia Code, "Section 21-2-133," accessed November 20, 2023
- ↑ Federal Election Commission, "The FEC and Federal Campaign Finance Law," updated January 2015
- ↑ Federal Election Commission, "Quick Answers to Candidate Questions," accessed August 13, 2015
- ↑ Federal Election Commission, "2016 Reporting Dates," accessed June 17, 2022
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