Ballot access requirements for presidential candidates in Nebraska

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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.

In order to get on the ballot in Nebraska, 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.

  1. 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]
  2. 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]
  3. 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.

HIGHLIGHTS
  • In Nebraska, the secretary of state generally determines which candidates appear on the presidential primary ballot. A candidate can also petition the secretary of state for access to the primary ballot. To get on the general election ballot, an independent presidential candidate must file with the secretary of state a petition containing the signatures of at least 2,500 registered voters. A write-in candidate must file with the secretary of state an affidavit of intent no later than the second Friday prior to the election.
  • DocumentIcon.jpg See state election laws

    Year-specific filing information

    See also: Important dates in the 2024 presidential race

    2024

    The tables below detail filing requirements for presidential candidates in Nebraska in the 2024 election cycle. For additional information on candidate ballot access requirements in Nebraska, click here.

    Presidential primary candidates

    Filing requirements for presidential primary candidates in Nebraska, 2024
    State Party Signatures required Signature formula Filing fee Filing fee formula Filing deadline Source
    Nebraska Major parties[2] 300 100 signatures from registered party members in each congressional district N/A N/A 3/14/2024 Source, Source

    Independent presidential candidates

    Filing requirements for independent candidates in Nebraska, 2024
    State Signatures required Signature formula Filing fee Filing fee formula Filing deadline Source
    Nebraska 2,500 Fixed by statute N/A N/A 8/1/2024 Source

    For filing information from previous years, click "[Show more]" below.

    Show more

    2020

    The tables below detail filing requirements for presidential candidates in Nebraska in the 2020 election cycle. For additional information on candidate ballot access requirements in Nebraska, click here.

    Presidential primary candidates

    Filing requirements for presidential primary candidates in Nebraska, 2020
    State Party Signatures required Signature formula Filing fee Filing fee formula Filing deadline Source
    Nebraska Major parties[3] 300 100 signatures from registered party members in each congressional district N/A N/A 3/12/2020 Source

    Independent presidential candidates

    Filing requirements for independent candidates in Nebraska, 2020
    State Signatures required Signature formula Filing fee Filing fee formula Filing deadline Source
    Nebraska 2,500 Fixed by statute N/A N/A 8/1/2020 Source

    2016

    The calendar below lists important filing deadlines in Nebraska for the 2016 presidential election. For information about campaign finance reporting deadlines, see below.

    Legend:      Ballot access     Election date



    Dates and requirements for presidential candidates in 2016
    Deadline Event type Event description
    February 1, 2016 Ballot access Filing deadline for Democratic caucuses
    March 5, 2016 Election date Democratic caucuses
    March 11, 2016 Ballot access Filing deadline for Republican primary
    May 10, 2016 Election date Republican primary
    August 1, 2016 Ballot access Independent candidate filing deadline
    November 8, 2016 Election date General election

    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 Nebraska, the major parties conduct presidential preference primaries. There are two methods by which presidential candidates can appear on the Nebraska primary ballot. Generally, the secretary of state places candidates who are “advocated or recognized as candidates in national news media” on the primary ballot. A candidate may also petition for placement on the primary ballot. The petition must contain 100 signatures from each of the state's congressional districts; only voters belong to the same party as the candidate can sign the petition. This petition must be filed with the secretary of state no later than 60 days prior to the primary.[8]

    General election requirements

    The president is elected by the Electoral College, which comprises 538 electors from all 50 states, as well as Washington, D.C.

    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:[9][10]

    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."[9][10]

    Nebraska was allocated five electoral votes in the 2024 presidential election, the same number it was allocated in the 2012, 2016, and 2020 presidential contests.[11]

    Political parties

    A major or minor political party must file the name of its presidential candidate with the secretary of state if the party meets the requirements for ballot access. A party meets the requirements for ballot access if a candidate nominated by the political party at one of the two immediately preceding statewide general elections received at least 5 percent of the vote, or if a combination of candidates nominated by the political party for a combination of districts that encompass all of the voters of the entire state polled at least 5 percent of the vote in each of their respective districts.[12]

    Independent candidates

    An independent presidential candidate must petition for access to the general election ballot. The petition must be filed with the secretary of state by August 1 of the election year and must contain the signatures of 2,500 registered voters who did not vote in the primary election of any party. The petition must contain the names of candidates for president and vice-president, as well as the names of presidential electors.[13][14]

    Running for multiple offices

    Some states prohibit candidates for the presidency from seeking other offices simultaneously. Nebraska law does not prohibit a presidential candidate from seeking another office in the same election.[15]

    Sore loser laws

    See also: Sore loser laws for presidential candidates

    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 Nebraska state law, "no candidate defeated at a primary election shall be permitted to file an affidavit declaring a write-in candidacy, file by petition, or file a nomination, if nominated by party convention or committee, for the following general election for the same office."[16][17][18]

    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.[19]

    Write-in requirements

    In Nebraska, a write-in candidate must file a notarized affidavit of intent with the secretary of state no later than the second Friday prior to the election. Additionally, "a candidate who has been defeated as a candidate in the primary election or defeated as a write-in candidate in the primary election shall not be eligible as a write-in candidate for the same office in the general election."[20]

    Historical information

    See also: Historical signature requirements for independent and minor party presidential candidates

    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 Nebraska, there were no such instances during this period. See this article for more information.[19]

    Campaign finance requirements

    See also: Campaign finance requirements in Nebraska

    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.[21][22]

    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."[23]

    For contribution limits from previous years, click "[Show more]" below.

    Show more
    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

    The Federal Election Commission is the only agency authorized to regulate campaign financing for federal candidates.

    Federal Election Commission

    1050 First Street, NE
    Washington, D.C. 20463
    Telephone: 800-424-9530
    Email: info@fec.gov

    Nebraska Secretary of State

    P.O. Box 94608
    Lincoln, Nebraska 68509-4608
    Telephone: 402-471-2555
    Email: sos.elect@nebraska.gov

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    See also

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    External links

    Footnotes

    1. 1.0 1.1 1.2 1.3 Vote Smart, "Government 101: United States Presidential Primary," accessed November 28, 2023 Cite error: Invalid <ref> tag; name "votesmart" defined multiple times with different content
    2. Note: State statutes provide that the secretary of state can place candidates on the ballot who are "generally advocated or recognized as candidates in national news media."
    3. Note: State statutes provide that the secretary of state can place candidates on the ballot who are "generally advocated or recognized as candidates in national news media."
    4. The Constitution of the United States of America, "Article 2, Section 1," accessed August 3, 2015
    5. 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.
    6. The Washington Post, "Everything you need to know about how the presidential primary works," May 12, 2015
    7. FactCheck.org, "Caucus vs. Primary," April 8, 2008
    8. Nebraska Secretary of State, "Statewide Candidate Filing Guide 2024," accessed November 28, 2023
    9. 9.0 9.1 Archives.gov, "What is the Electoral College?" accessed August 25, 2015
    10. 10.0 10.1 Archives.gov, "Who are the Electors?" accessed August 25, 2015
    11. Archives.gov, "Distribution of Electoral Votes," accessed November 28, 2023
    12. Nebraska Legislature, "32-610. Partisan elections; candidate; requirements.," accessed November 28, 2023
    13. Nebraska Legislature, "32-620. President and Vice President; candidates; certification; new political party; how treated; requirements; nonpartisan status; filing; application; contents.," accessed November 28, 2023
    14. Nebraska Legislature, "32-628. Petitions; requirements.," accessed November 28, 2023
    15. ‘’Nebraska Legislature’’, “32-104. Candidate, defined.,” accessed November 28, 2023
    16. SSRN, "Sore Loser Laws and Democratic Contestation," accessed November 28, 2023
    17. 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 28, 2023
    18. Nebraska Revised Statutes, "Section 32-605," accessed November 28, 2023
    19. 19.0 19.1 This information comes from research conducted by Richard Winger, publisher and editor of Ballot Access News.
    20. Nebraska Legislature, "32-615. Write-in candidate; requirements.," accessed November 28, 2023
    21. Federal Election Commission, "The FEC and Federal Campaign Finance Law," updated January 2015
    22. Federal Election Commission, "Quick Answers to Candidate Questions," accessed August 13, 2015
    23. Federal Election Commission, "2016 Reporting Dates," accessed June 17, 2022