Ballot access requirements for presidential candidates in Maryland
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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 Maryland, 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.
Year-specific filing information
2024
The tables below detail filing requirements for presidential candidates in Maryland in the 2024 election cycle. For additional information on candidate ballot access requirements in Maryland, click here.
Presidential primary candidates
| Filing requirements for presidential primary candidates in Maryland, 2024[2] | |||||||
|---|---|---|---|---|---|---|---|
| State | Party | Signatures required | Signature formula | Filing fee | Filing fee formula | Filing deadline | Source |
| Maryland | Qualified political parties | 3,200 | 400 hundred signatures from each congressional district | N/A | N/A | 2/9/2024 | Source; Source; Source |
Independent presidential candidates
| Filing requirements for independent candidates in Maryland, 2024 | ||||||
|---|---|---|---|---|---|---|
| State | Signatures required | Signature formula | Filing fee | Filing fee formula | Filing deadline | Source |
| Maryland | 10,000 | Fixed by statute | N/A | N/A | 8/5/2024 | Source; Source |
For filing information from previous years, click "[Show more]" below.
2020
The tables below detail filing requirements for presidential candidates in Maryland in the 2020 election cycle. For additional information on candidate ballot access requirements in Maryland, click here.
Presidential primary candidates
| Filing requirements for presidential primary candidates in Maryland, 2020[3] | |||||||
|---|---|---|---|---|---|---|---|
| State | Party | Signatures required | Signature formula | Filing fee | Filing fee formula | Filing deadline | Source |
| Maryland | Qualified political parties | 3,200 | 400 hundred signatures from each congressional district | N/A | N/A | 1/24/2020 | Source |
Independent presidential candidates
| Filing requirements for independent candidates in Maryland, 2020 | ||||||
|---|---|---|---|---|---|---|
| State | Signatures required | Signature formula | Filing fee | Filing fee formula | Filing deadline | Source |
| Maryland | 5,000 | Fixed by statute (reduced by 50% by judge's order) | N/A | N/A | 8/3/2020 | Source |
2016
The calendar below lists important filing deadlines in Maryland for the 2016 presidential election. For information about campaign finance reporting deadlines, see below.
| Dates and requirements for presidential candidates in 2016 | |||
|---|---|---|---|
| Deadline | Event type | Event description | |
| February 3, 2016 | Ballot access | Deadline for party candidates to file certificates of candidacy; deadline for unaffiliated candidates to file declarations of intent; deadline for candidates seeking nomination by a nonrecognized non-principal party to file declarations of intent | |
| April 26, 2016 | Election date | Primary election | |
| August 1, 2016 | Ballot access | Deadline for general election petition candidates to file certificates of candidacy and petitions; deadline for non-principal party candidates to file certificates of nomination and certificates of candidacy | |
| October 20, 2016 | Ballot access | Deadline for write-in candidates to file certificates of candidacy | |
| November 8, 2016 | Election date | General election | |
| Source: Maryland State Board of Elections, "2016 Presidential Election Calendar," accessed August 25, 2015 | |||
Qualifications
Article 2, Section 1, of the United States Constitution sets the following qualifications for the presidency:[4]
| “ | 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.[5] | ” |
| —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.[5] | ” |
| —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.[5] | ” |
| —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][6][7]
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 Maryland, principal political parties participate in the state's presidential preference primary. The principal political parties are the majority party and the principal minority party. The majority party is defined by state law as the party to which the incumbent governor belongs. The principal minority party is defined as the party whose candidate for governor received the second highest number of votes in the most recent election. The secretary of state "shall certify the name of a presidential candidate on the ballot when the secretary has determined, in the secretary's sole discretion and consistent with party rules, that the candidate's candidacy is generally advocated or recognized in the news media throughout the United States or in Maryland." Alternatively, a candidate may petition for placement on the primary ballot. At least 400 registered voters from each congressional district must sign this petition, which must be filed with the Maryland State Board of Elections on the Wednesday 83 days prior to the election.[8][9][10]
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:[11][12]
| “ | 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.[5] | ” |
| —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."[11][12]
Maryland was allocated 10 electoral votes in the 2024 presidential election, the same amount it was allocated in the 2012, 2016 and 2020 presidential contests.[13]
Political parties
A state-qualified political party must certify the names of its presidential elector candidates to the Maryland State Board of Elections at least 30 days prior to the general election. The names of electors are not printed on the ballot. Instead, "a vote for the candidates for president and vice president of a political party shall be considered to be and counted as a vote for each of the presidential electors of the political party."[14][15]
In order to qualify for placement on the general election ballot, a candidate of a non-principal political party must first file a declaration of intent. This form must be filed with the state board of elections by July 1 in the year of the election. A certificate of candidacy must be filed with the state board of elections by 5:00 p.m. on the first Monday in August. At this time, the candidate must also file a certificate of nomination signed by the party's officers.[16]
Independent candidates
An independent presidential candidate must petition for placement on the general election ballot. Before filing the petition, the candidate must file a declaration of intent with the Maryland State Board of Elections no later than the 83rd day preceding the primary election. By 5:00 p.m. on the first Monday in August in the year of the election, the candidate must file a certificate of candidacy and a nomination petition with the state board of elections. The petition must contain 10,000 signatures.[16]
Running for multiple offices
Some states prohibit candidates for the presidency from seeking other offices simultaneously. In Maryland, a candidate may not run for multiple offices in the same general or primary elections.[17]
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 Maryland state law, presidential primary candidates are exempted from the requirement that "the name of a candidate who is defeated for the nomination for a public office may not appear on the ballot at the next succeeding general election as a candidate for any office."[18][19][20]
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.[21]
Write-in requirements
A write-in presidential candidate must file a certificate of candidacy in order to have his or her votes tallied. The form must be filed with the Maryland State Board of Elections by 5:00 p.m on the 7th day preceding the commencement of early voting in the state or 7 days after a candidate spends at least $51 on their campaign.[22][23]
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 Maryland, there were 12 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.[21]
| Filing requirements for independent and minor party candidates, 1894-2012 | ||||||||
|---|---|---|---|---|---|---|---|---|
| State | Year | Requirement | Successful parties or candidates | |||||
| Maryland | 1968 | 45,548 | American | -- | -- | -- | -- | -- |
| Maryland | 1972 | 10,000 | -- | -- | -- | -- | -- | -- |
| Maryland | 1976 | 10,000 | -- | -- | -- | -- | -- | -- |
| Maryland | 1980 | 10,000 | Libertarian | Anderson | -- | -- | -- | -- |
| Maryland | 1984 | 10,000 | Libertarian | New Alliance | Communist | Workers World | -- | -- |
| Maryland | 1988 | 10,000 | Libertarian | New Alliance | -- | -- | -- | -- |
| Maryland | 1992 | 10,000 | Libertarian | New Alliance | R. Perot | -- | -- | -- |
| Maryland | 1996 | 10,000 | Libertarian | Reform | Natural Law | U.S. Taxpayers | -- | -- |
| Maryland | 2000 | 10,000 | Libertarian | Reform | Green | Constitution | -- | -- |
| Maryland | 2004 | 10,000 | Libertarian | R. Nader | Green | Constitution | -- | -- |
| Maryland | 2008 | 10,000 | Libertarian | R. Nader | Green | Constitution | -- | -- |
| Maryland | 2012 | 10,000 | Libertarian | Green | -- | -- | -- | -- |
Campaign finance requirements
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.[24][25]
| 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."[26]
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
Maryland State Board of Elections
- 151 West Street, Suite 200
- Annapolis, Maryland 21401
- Telephone: 410-269-2840
- Email: info.sbe@maryland.gov
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See also
- Ballot access requirements for political candidates in Maryland
- 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 May 17, 2023 Cite error: Invalid
<ref>tag; name "votesmart" defined multiple times with different content - ↑ Petitions are only required from candidates not recognized by the secretary of state for automatic ballot placement.
- ↑ Petitions are only required from candidates not recognized by the secretary of state for automatic ballot placement.
- ↑ The Constitution of the United States of America, "Article 2, Section 1," accessed August 3, 2015
- ↑ 5.0 5.1 5.2 5.3 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
- ↑ Annotated Code of Maryland, "Election Law: Section 8-502," accessed May 17, 2023
- ↑ Annotated Code of Maryland, "Election Law: Section 1-101," accessed May 17, 2023
- ↑ Annotated Code of Maryland, "Election Law, Section 8-202," accessed May 17, 2023
- ↑ 11.0 11.1 Archives.gov, "What is the Electoral College?" accessed August 25, 2015
- ↑ 12.0 12.1 Archives.gov, "Who are the Electors?" accessed August 25, 2015
- ↑ Archives.gov, "Distribution of Electoral Votes," accessed May 17, 2023
- ↑ Annotated Code of Maryland, "Election Law: Section 8-503," accessed May 17, 2023
- ↑ Annotated Code of Maryland, "Election Law: Section 8-504," accessed May 17, 2023
- ↑ 16.0 16.1 Annotated Code of Maryland, "Election Law: Section 5-703," accessed May 17, 2023
- ↑ Annotated Code of Maryland, "5-204. Candidacy for more than one office.," accessed May 17, 2023
- ↑ SSRN, "Sore Loser Laws and Democratic Contestation," accessed May 9, 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 May 9, 2023
- ↑ Annotated Code of Maryland, "Election Law: Section 5-706," accessed May 17, 2023
- ↑ 21.0 21.1 This information comes from research conducted by Richard Winger, publisher and editor of Ballot Access News.
- ↑ Annotated Code of Maryland, "Election Law: Section 5-303," accessed May 17, 2023
- ↑ Annotated Code of Maryland, "Election Law: Section 5-302," accessed May 17, 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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