Ballot access requirements for presidential candidates in New Hampshire

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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 New Hampshire, a candidate for president of the United States must meet a variety of complex, 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 New Hampshire, a presidential candidate seeking the nomination of a major party must file a declaration of candidacy and pay a $1,000 filing fee in order to have his or her name printed on the primary ballot. To qualify for placement on the general election ballot, an independent presidential candidate must submit a petition containing the signatures of at least 3,000 registered voters and pay a $250 filing fee.
    • 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 New Hampshire in the 2024 election cycle. For additional information on candidate ballot access requirements in New Hampshire, click here.

    Presidential primary candidates

    Filing requirements for presidential primary candidates in New Hampshire, 2024
    State Party Signatures required Signature formula Filing fee Filing fee formula Filing deadline Source
    New Hampshire Qualified political parties N/A N/A $1,000.00 Fixed by statute 10/27/2023 Source, Source

    Independent presidential candidates

    Filing requirements for independent candidates in New Hampshire, 2024
    State Signatures required Signature formula Filing fee Filing fee formula Filing deadline Source
    New Hampshire 3,000 Fixed by statute $250.00 Fixed by statute 6/14/24[2] Source

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

    Show more

    2020

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

    Presidential primary candidates

    Filing requirements for presidential primary candidates in New Hampshire, 2020
    State Party Signatures required Signature formula Filing fee Filing fee formula Filing deadline Source
    New Hampshire Qualified political parties N/A N/A $1,000.00 Fixed by statute 11/15/2019 Source

    Independent presidential candidates

    Filing requirements for independent candidates in New Hampshire, 2020
    State Signatures required Signature formula Filing fee Filing fee formula Filing deadline Source
    New Hampshire 3,000 Fixed by statute $250.00 Fixed by statute 9/2/2020[3] Source

    2016

    The calendar below lists important filing deadlines in Colorado 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
    November 20, 2015 Ballot access Filing deadline for primary candidates
    February 9, 2016 Election date Presidential preference primary
    August 10, 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
    Election Policy Logo.png

    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 New Hampshire, there is a presidential preference primary. A candidate must file a declaration of candidacy and pay a $1,000 filing fee in order to have his or her name printed on his or her party's primary ballot. The declaration must be filed between the first Monday and third Friday in November in the year preceding the election.[8][9]

    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:[10][11]

    “ 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."[10][11]

    New Hampshire was allocated four electoral votes, the same number it was allocated in the 2012, 2016, and 2020 presidential contests.[12]

    Political parties

    Qualified political parties may have the names of their candidates placed on the general election ballot. A party must certify the names of its candidates for presidential electors to the secretary of state by the last Tuesday in October in the year of the election. New Hampshire law defines a party as a political organization that received at least 4 percent of the total votes cast in the last election for governor or United States Senators.[13][14]

    Independent candidates

    Independent candidates may petition for general election ballot access. The candidate must file a petition containing the signatures of at least 3,000 voters, 1,500 from each congressional district. The candidate must also pay a $250 filing fee. The petition and filing fee must be submitted to the secretary of state by 5:00 p.m. on the Wednesday one week prior to the state primary. Petitions must be submitted to local elections officials for certification by 5:00 p.m. on the Wednesday five weeks prior to the state primary.[15][16]

    "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 New Hampshire state law, "no person who filed as a candidate in the state primary election shall be eligible to have his or her named placed on the ballot" as an independent candidate in the general election.[17][18][19]

    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.[20]

    Write-in requirements

    New Hampshire state law does not require write-in presidential candidates to file any special paperwork in advance of the election.[15][21]

    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 New Hampshire, there were no such instances during this period. See this article for more information.[20]

    Campaign finance requirements

    See also: Campaign finance requirements in New Hampshire

    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.[22][23]

    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."[24]

    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

    New Hampshire Secretary of State, Elections Division

    State House, Room 204
    107 North Main Street
    Concord, New Hampshire 03301
    Telephone: 603-271-3242
    Email: elections@sos.nh.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 September 25, 2023 Cite error: Invalid <ref> tag; name "votesmart" defined multiple times with different content
    2. ↑ Nomination papers are due the Wednesday before the primary election date.
    3. ↑ Deadline to submit nomination papers to towns or cities for signature verification: 8/5/2020
    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. ↑ New Hampshire Secretary of State, "655:47 Declaration of Candidacy.," accessed September 25, 2023
    9. ↑ New Hampshire Secretary of State, "655:48 Fees.," accessed September 25, 2023
    10. ↑ 10.0 10.1 Archives.gov, "What is the Electoral College?" accessed August 25, 2015
    11. ↑ 11.0 11.1 Archives.gov, "Who are the Electors?" accessed August 25, 2015
    12. ↑ Archives.gov, "Distribution of Electoral Votes," accessed September 25, 2023
    13. ↑ New Hampshire Secretary of State, "652:11 Party," accessed September 25, 2023
    14. ↑ National Association of Secretaries of State, "State Laws Regarding Presidential Ballot Access for the General Election," January 2020
    15. ↑ 15.0 15.1 New Hampshire Secretary of State, "655:40 General Provisions.", accessed September 25, 2023 Cite error: Invalid <ref> tag; name "inde" defined multiple times with different content
    16. ↑ New Hampshire Secretary of State, "Running for Office – President," accessed September 25, 2023
    17. ↑ SSRN, "Sore Loser Laws and Democratic Contestation," accessed August 17, 2023
    18. ↑ 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 August 17, 2023
    19. ↑ New Hampshire Revised Statutes, "Section 655:43," accessed September 25, 2023
    20. ↑ 20.0 20.1 This information comes from research conducted by Richard Winger, publisher and editor of Ballot Access News.
    21. ↑ New Hampshire Statutes, "Section 659:94," accessed September 25, 2023
    22. ↑ Federal Election Commission, "The FEC and Federal Campaign Finance Law," updated January 2015
    23. ↑ Federal Election Commission, "Quick Answers to Candidate Questions," accessed August 13, 2015
    24. ↑ Federal Election Commission, "2016 Reporting Dates," accessed June 17, 2022
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