Ballot access requirements for presidential candidates in New York
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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 New York, 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 New York in the 2024 election cycle. For additional information on candidate ballot access requirements in New York, click here.
Presidential primary candidates
| Filing requirements for presidential primary candidates in New York, 2024 | |||||||
|---|---|---|---|---|---|---|---|
| State | Party | Signatures required | Signature formula | Filing fee | Filing fee formula | Filing deadline | Source |
| New York | Democratic | 15,000 | Fixed | N/A | N/A | 1/18/2024 | Source |
| New York | Republican | 5,000 | 5,000 or 5% of registered Republican voters, whichever is less | N/A | N/A | 1/18/2024 | Source |
Independent presidential candidates
| Filing requirements for independent candidates in New York, 2024 | ||||||
|---|---|---|---|---|---|---|
| State | Signatures required | Signature formula | Filing fee | Filing fee formula | Filing deadline | Source |
| New York | 45,000 | 500 signatures from at least 13 congressional districts | N/A | N/A | 5/28/2024 | Source |
For filing information from previous years, click "[Show more]" below.
2020
The tables below detail filing requirements for presidential candidates in New York in the 2020 election cycle. For additional information on candidate ballot access requirements in New York, click here.
Presidential primary candidates
| Filing requirements for presidential primary candidates in New York, 2020 | |||||||
|---|---|---|---|---|---|---|---|
| State | Party | Signatures required | Signature formula | Filing fee | Filing fee formula | Filing deadline | Source |
| New York | Qualified parties | 5,000 | Fixed by statute | N/A | N/A | 2/6/2020 | Source |
Independent presidential candidates
| Filing requirements for independent candidates in New York, 2020 | ||||||
|---|---|---|---|---|---|---|
| State | Signatures required | Signature formula | Filing fee | Filing fee formula | Filing deadline | Source |
| New York | 45,000 | 500 signatures (or 1% of enrolled voters, whichever is less) from at least one-half of the state's congressional districts | N/A | N/A | 7/30/2020 | Source |
2016
The calendar below lists important filing deadlines in New York 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 | |
| February 1, 2016 | Ballot access | First day for primary candidates to file designating petitions | |
| February 4, 2016 | Ballot access | Last day for primary candidates to file designating petitions | |
| April 19, 2016 | Election date | Presidential primary election | |
| August 2, 2016 | Ballot access | Filing deadline for independent candidates | |
| November 8, 2016 | Election date | General election | |
| Source: New York State Board of Elections, "Calendar for the April 19, 2016, Presidential Primary Election," accessed September 21, 2015 | |||
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][2][3]
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 York, the Democratic and Republican parties participate in statewide presidential preference primary elections.[4]
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:[5][6]
| “ | 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."[5][6]
New York was allocated 28 electoral college votes in the 2024 presidential election, one less than it was allocated in the 2012, 2016, and 2020 presidential contests.[8]
Political parties
A candidate nominated by a political party may be placed on the general election ballot. A party must certify its candidates for presidential electors with the state board of elections no later than 14 days after the autumn primary election. New York law defines a party as a group whose candidate for governor in the previous general election received at least 2% of the total votes or 130,000 votes, whichever is greater.[9][10]
Independent candidates
An independent candidate for president must file a petition with the state board of elections no later than 23 weeks prior to the general election. The petition must contain at least 45,000 signatures or 1% of the total number of votes cast for governor at the last gubernatorial election, with at least 500 signatures each coming from half of the state's congressional districts. The candidate must also file an acknowledgment of acceptance of nomination no later than the third day after the petition filing deadline.[11][12]
Running for multiple offices
Some states prohibit candidates for the presidency from seeking other offices simultaneously. According to the New York State Board of Elections, "it is well settled that one may not run for two public offices where one would be precluded from holding both offices at the same time. ... However, the primary calendar currently schedules the presidential, congressional and state primaries on different days, so ... it would be possible to circulate petitions for more than one office and decline a later nomination if you won an earlier primary or accept a later nomination if you lost an earlier primary."[13]
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. There is no applicable sore loser law in New York.[14][15]
Write-in requirements
A candidate that seeks to run as a write-in candidate must file a certificate of candidacy with the state board of elections no later than the third Tuesday before the general election.[16]
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 New York, there were 30 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.[17]
| Filing requirements for independent and minor party candidates, 1894-2012 | ||||||||
|---|---|---|---|---|---|---|---|---|
| State | Year | Requirement | Successful parties or candidates | |||||
| New York | 1896 | 6,000 | National Democratic | -- | -- | -- | -- | |
| New York | 1900 | 6,000 | Socialist | -- | -- | -- | -- | |
| New York | 1904 | 6,000 | People's | -- | -- | -- | -- | |
| New York | 1908 | 6,000 | Socialist Labor | -- | -- | -- | -- | |
| New York | 1912 | 6,000 | Progressive | Socialist Labor | -- | -- | -- | |
| New York | 1916 | 6,000 | Socialist Labor | -- | -- | -- | -- | |
| New York | 1920 | 12,000 | Farmer-Labor | Prohibition | -- | -- | -- | |
| New York | 1924 | 12,000 | Progressive | Workers | Socialist Labor | -- | -- | |
| New York | 1928 | 12,000 | Communist | Socialist Labor | -- | -- | -- | |
| New York | 1932 | 12,000 | Communist | Socialist Labor | -- | -- | -- | |
| New York | 1936 | 12,000 | American Labor | -- | -- | -- | -- | |
| New York | 1940 | 12,000 | Socialist | Prohibition | -- | -- | -- | |
| New York | 1944 | 12,000 | Socialist | Socialist Labor | Liberal | -- | -- | |
| New York | 1948 | 12,000 | Socialist | Socialist Labor | Socialist Workers | -- | -- | |
| New York | 1952 | 12,000 | Socialist | Socialist Labor | Socialist Workers | -- | -- | |
| New York | 1956 | 12,000 | -- | -- | -- | -- | -- | |
| New York | 1960 | 12,000 | Socialist Workers | -- | -- | -- | -- | |
| New York | 1964 | 12,000 | Socialist Workers | Socialist Labor | -- | -- | -- | |
| New York | 1968 | 12,000 | American | Socialist Workers | Socialist Labor | Peace and Freedom. | -- | |
| New York | 1972 | 20,000 | Socialist Workers | Socialist Labor | Communist | -- | -- | |
| New York | 1976 | 20,000 | Libertarian | Socialist Workers | U.S. Labor | Communist | -- | |
| New York | 1980 | 20,000 | Libertarian | Socialist Workers | Citizens | Communist | Workers World | |
| New York | 1984 | 20,000 | Libertarian | New Alliance | Communist | Workers World | -- | |
| New York | 1988 | 20,000 | Libertarian | New Alliance | Socialist Workers | Workers World | -- | |
| New York | 1992 | 15,000 | Libertarian | New Alliance | R. Perot | Socialist Workers | Natural Law | |
| New York | 1996 | 15,000 | Libertarian | Green | Natural Law | Socialist Workers | Workers World | |
| New York | 2000 | 15,000 | Libertarian | Anderson | Socialist Workers | Constitution | -- | |
| New York | 2004 | 15,000 | Libertarian | Green | R. Nader | Socialist Workers | -- | |
| New York | 2008 | 15,000 | Libertarian | R. Nader | Green | Socialist Workers | Party of Socialism and Liberation | |
| New York | 2012 | 15,000 | Libertarian | Constitution | Party of Socialism and Liberation | -- | -- | |
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.[18][19]
| 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."[20]
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
New York Board of Elections
- 40 North Pearl Street, Suite 5
- Albany, New York 12207-2729
- Telephone: 518-474-6220
- Email: info@elections.ny.gov
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See also
- Ballot access requirements for political candidates in New York
- 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 October 13, 2023 Cite error: Invalid
<ref>tag; name "votesmart" defined multiple times with different content - ↑ 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
- ↑ New York Board of Elections, "Election Law," accessed October 13, 2023
- ↑ 5.0 5.1 Archives.gov, "What is the Electoral College?" accessed August 25, 2015
- ↑ 6.0 6.1 Archives.gov, "Who are the Electors?" accessed August 25, 2015
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Archives.gov, "Distribution of Electoral Votes," accessed October 13, 2023
- ↑ New York State Board of Elections, "§ 1–104. Definitions," accessed October 13, 2023
- ↑ New York State Board of Elections, "§ 6–158. Nominating and designating petitions and certificates, conventions; times for filing and holding," accessed October 13, 2023
- ↑ New York State Board of Elections, "§ 6–142. Independent nominations; number of signatures," accessed October 13, 2023
- ↑ New York State Board of Elections, "§ 6–146. Nomination and designation; declination or acceptance," accessed October 13, 2023
- ↑ This information comes from correspondence with the New York State Board of Elections, September 2015.
- ↑ SSRN, "Sore Loser Laws and Democratic Contestation," accessed October 13, 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 October 13, 2023
- ↑ New York State Board of Elections, "§ 6–153. Certificate of candidacy by write-in candidates for president and vice president," accessed October 13, 2023
- ↑ This information comes from research conducted by Richard Winger, publisher and editor of Ballot Access News.
- ↑ 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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