Ballot access requirements for presidential candidates in Virginia
 in Virginia |
|
|
 |
Ballot access for major and minor party candidates |
|---|
| Ballot access for presidential candidates |
| List of political parties in the United States |
| Methods for signing candidate nominating petitions |
| Ballotpedia's Election Administration Legislation Tracker |
|
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 Virginia, 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 Virginia in the 2024 election cycle. For additional information on candidate ballot access requirements in Virginia, click here.
Presidential primary candidates
| Filing requirements for presidential primary candidates in Virginia, 2024 | |||||||
|---|---|---|---|---|---|---|---|
| State | Party | Signatures required | Signature formula | Filing fee | Filing fee formula | Filing deadline | Source |
| Virginia | Qualified parties | 5,000 | Fixed by statute (200 signatures from each congressional district) | N/A | N/A | 12/14/2023 | Source |
Independent presidential candidates
| Filing requirements for independent candidates in Virginia, 2024 | ||||||
|---|---|---|---|---|---|---|
| State | Signatures required | Signature formula | Filing fee | Filing fee formula | Filing deadline | Source |
| Virginia | 5,000 | Fixed by statute | N/A | N/A | 8/23/2024 | Source |
For filing information from previous years, click "[Show more]" below.
2020
The tables below detail filing requirements for presidential candidates in Virginia in the 2020 election cycle. For additional information on candidate ballot access requirements in Virginia, click here.
Presidential primary candidates
| Filing requirements for presidential primary candidates in Virginia, 2020 | |||||||
|---|---|---|---|---|---|---|---|
| State | Party | Signatures required | Signature formula | Filing fee | Filing fee formula | Filing deadline | Source |
| Virginia | Qualified parties | 5,000 | Fixed by statute (200 signatures from each congressional district) | N/A | N/A | 12/12/2019 | Source |
Independent presidential candidates
| Filing requirements for independent candidates in Virginia, 2020 | ||||||
|---|---|---|---|---|---|---|
| State | Signatures required | Signature formula | Filing fee | Filing fee formula | Filing deadline | Source |
| Virginia | 2,500 | Fixed by statute; at least 200 signatures from each of Virginia's congressional districts (reduced by court order)[2] | N/A | N/A | 8/21/2020 | Source |
2016
The calendar below lists important filing deadlines in Virginia 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 | |
| June 23, 2015 | Ballot access | Primary petitions may be circulated | |
| December 2, 2015 | Ballot access | Deadline for parties to determine if they will hold a primary | |
| December 10, 2015 | Ballot access | Filing deadline for primary petitions for candidates seeking party nomination | |
| December 15, 2015 | Ballot access | Deadline for party chairs to certify names of primary candidates | |
| March 1, 2016 | Election date | Presidential primary election | |
| August 26, 2016 | Ballot access | Filing deadline for independent presidential candidates | |
| November 8, 2016 | Election date | General election | |
| Source: Virginia Department of Elections, "Deadlines, Duties and Ballot Access Requirements," accessed August 3, 2015 | |||
Qualifications
Article 2, Section 1, of the United States Constitution sets the following qualifications for the presidency:[3]
| “ | 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.[4] | ” |
| —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.[4] | ” |
| —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.[4] | ” |
| —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 | |
 | |
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][5][6]
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.
Virginia law allows a political party to determine how it will nominate its candidate for president. If the party chooses to conduct a primary election, a candidate may gain access to the primary ballot by filing a petition to the state board of elections. The petition must be signed by at least 5,000 qualified voters, with at least 200 from each congressional district of the state. The filing deadline is determined by the state board of elections.[7][8]
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:[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.[4] | ” |
| —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]
Virginia was allocated 13 electoral votes in the 2024 presidential election, the same number it was allocated in the 2012, 2016, and 2020 presidential contests.[11]
Political parties
Candidates nominated by political parties in Virginia may have their names placed on the general ballot. A party must certify the names of its candidates for president, vice president and presidential electors with the state board of elections no later than 74 days prior to the general election. Virginia law defines a party as an organization that received at least 10 percent of the total votes cast for any statewide office in either of the previous two general elections.[7][12][13]
Independent candidates
An independent presidential candidate must petition for placement on the general election ballot. This petition must contain at least 5,000 signatures, with at least 200 signatures from each congressional district of the state. This petition must be filed with the state board of elections no later than 74 days before the general elections.[14]
Running for multiple offices
Some states prohibit candidates for the presidency from seeking other offices simultaneously. Virginia generally prohibits seeking multiple offices, but “a candidate for federal or statewide office, or a candidate for an office being filled in a special election, may have his name printed on the ballot for two offices at an election.”[15]
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 Virginia state law, an unsuccessful primary candidate is prohibited from running for the same office in the general election, either as an independent candidate or with another political party. However, according to the Virginia Department of Elections, it is unclear whether this provision applies to presidential candidates.[16][17][18]
Write-in requirements
A write-in candidate must submit a declaration of intent to the state board of elections no later than 10 days before the general election.[19]
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 Virginia, there were 11 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.[20]
| Filing requirements for independent and minor party candidates, 1894-2012 | ||||||||
|---|---|---|---|---|---|---|---|---|
| State | Year | Requirement | Successful parties or candidates | |||||
| Virginia | 1972 | 9,106 | American | Socialist Labor | -- | -- | -- | -- |
| Virginia | 1976 | 9,007 | Libertarian | American | Socialist Workers | U.S. Labor | -- | -- |
| Virginia | 1980 | 10,003 | Libertarian | Anderson | Citizens | Socialist Workers | -- | -- |
| Virginia | 1984 | 11,428 | LaRouche | -- | -- | -- | -- | -- |
| Virginia | 1988 | 12,963 | Libertarian | New Alliance | -- | -- | -- | -- |
| Virginia | 1992 | 13,920 | Libertarian | R. Perot | LaRouche | New Alliance | -- | -- |
| Virginia | 1996 | 15,168 | Libertarian | Constitution | Natural Law | -- | -- | -- |
| Virginia | 2000 | 10,000 | Libertarian | Reform | Green | Constitution | -- | -- |
| Virginia | 2004 | 10,000 | Libertarian | Constitution | -- | -- | -- | -- |
| Virginia | 2008 | 10,000 | Libertarian | Constitution | Green | R. Nader | -- | -- |
| Virginia | 2012 | 10,000 | Libertarian | Constitution | 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.[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.
| 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
Virginia Department of Elections
- Washington Building, First Floor
- 1100 Bank Street
- Richmond, Virginia 23219
- Telephone: 804-864-8901
- Email: info@elections.virginia.gov
Ballotpedia's Election Administration Legislation Tracker
State election laws are changing. Keeping track of the latest developments in all 50 states can seem like an impossible job.
Here's the solution: Ballotpedia's Election Administration Legislation Tracker.
Ballotpedia's Election Administration Tracker sets the industry standard for ease of use, flexibility, and raw power. But that's just the beginning of what it can do:
- Ballotpedia's election experts provide daily updates on bills and other relevant political developments
- We translate complex bill text into easy-to-understand summaries written in everyday language
- And because it's from Ballotpedia, our Tracker is guaranteed to be neutral, unbiased, and nonpartisan
The Ballot Bulletin
The Ballot Bulletin is a weekly email that delivers the latest updates on election policy. The Ballot Bulletin tracks developments in election policy around the country, including legislative activity, big-picture trends, and recent news. Each email contains in-depth data from our Election Administration Legislation Tracker. You'll also be able to track relevant legislation, with links to and summaries of the bills themselves.
Recent issues
Click below to view recent issues of The Ballot Bulletin.
- The Ballot Bulletin: December 15, 2023
- The Ballot Bulletin: December 8, 2023
- The Ballot Bulletin: December 1, 2023
- The Ballot Bulletin: November 17, 2023
- The Ballot Bulletin: November 10, 2023
Subscribe
Enter your email address below to subscribe to The Ballot Bulletin.
See also
- Ballot access requirements for political candidates in Virginia
- 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 16, 2023 Cite error: Invalid
<ref>tag; name "votesmart" defined multiple times with different content - ↑ As of August 2020, the Virginia signature requirement was disputed with ongoing court proceedings regarding the applicability of the order.
- ↑ The Constitution of the United States of America, "Article 2, Section 1," accessed August 3, 2015
- ↑ 4.0 4.1 4.2 4.3 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
- ↑ 7.0 7.1 Virginia Law, "§ 24.2-545. Presidential primary.," accessed November 16, 2023
- ↑ Virginia Law, "§ 24.2-544. Time presidential primaries to be held and completion of duties by officers of election; age qualifications for participation.," accessed November 16, 2023
- ↑ 9.0 9.1 Archives.gov, "What is the Electoral College?" accessed August 25, 2015
- ↑ 10.0 10.1 Archives.gov, "Who are the Electors?" accessed August 25, 2015
- ↑ Archives.gov, "Distribution of Electoral Votes," accessed November 16, 2023
- ↑ Virginia Law, "§ 24.2-101. Definitions.," accessed November 16, 2023
- ↑ National Association of Secretaries of State, "Summary: State Laws Regarding Presidential Ballot Access for the General Election," January 2020
- ↑ Virginia Law, "§ 24.2-543. How other groups may submit names of electors; oaths of electors.," accessed November 16, 2023
- ↑ Virginia Law, “§ 24.2-504. Persons entitled to have name printed on ballot.,” accessed November 16, 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
- ↑ Code of Virginia, "Section 24.2-520," accessed November 16, 2023
- ↑ Virginia Law, "§ 24.2-644. Voting by paper ballot; voting for presidential electors; write-in votes.," accessed November 16, 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
| |||||||||||
