The ballot access bills have once again been introduced in the New York State Senate and Assembly.
These bills reduce the number of signatures required for statewide candidates in an independent nominating petition from 45,000 to 15,000 and reduces the number of votes a political party needs to maintain recognition, from 130,000 or 2% (whichever is higher) to 50,000 votes. This would restore the old thresholds that were in place prior to 2020, when they were thrown into the state budget during the beginning of the pandemic. Additionally, it would change the petitioning period to 12 weeks during from May to August, when signature gathering is much more accessible with fairs and festivals.
Since the increase of the ballot access thresholds, New York has become the most restrictive state for ballot access for third parties. In 2022, when Kathy Hochul and Lee Zeldin ran for Governor, they were the only two candidates on the New York gubernatorial ballot. This was the first time since 1946 in which there were only two candidates on the ballot for that race. Libertarian Party candidate Larry Sharpe was very close to reaching 45,000 signatures, but fell short, despite having more signatures than all other independent petitions, including Zeldin, who attempted to run on the Independence Party line.
In 2024, there were only two Presidential candidates on the New York State ballot, the first time since 1956, when Dwight Eisenhower ran against Adlai Stevenson II; and this was also the second time since 1872 when Ulysses S. Grant ran against Horace Greeley. New York was also the only state in the United States with two presidential candidates on the ballot in 2024. Between 1985 and 2024, there were only four instances there were only two Presidential candidates on the ballot in any U.S. state. The first three were in Oklahoma (2004, 2008, and 2012), and the fourth was New York (2024). Oklahoma has since eased its ballot access laws.
Robert F. Kennedy, Jr., who had a large number of signatures in the 2024 petition drive, spent over $1 million, but failed to get on the ballot in New York (although due to a technicality). The Libertarian Party and the Green Party, in two different cycles, spent $300,000 each and were just shy of reaching the required threshold to get on the New York ballot.
This makes New York the most difficult state to get on the ballot. The 2020 changes have essentially killed any chance a third party can get on the statewide ballot. Ballot access in New York State seems to only be available to the Democrats, Republicans, and anyone wealthy and willing to make the attempt.
Fortunately, a number of New York State legislatures have supported legislation to correct this and we very much appreciate their support.
On January 14, 2025, Mark Walczyk re-introduced Bill S01870 in the Senate. George Borrello has signed on as a co-sponsor. On January 22, 2025, a same-as bill was introduced in the Assembly by Kenneth Blankenbush. Co-sponsors are Joseph Angelino, Joseph DeStefano, Brian Miller, Michael Novakhov, and Christopher Tague.
We encourage everyone to reach out to their Senators and Assemblymembers to support this bill. In particular, if your representative is on an elections committee, we need their support first.
Senate bill
https://www.nysenate.gov/legislation/bills/2025/S1870
Assembly bill
https://assembly.state.ny.us/leg/?bn=A02724&term=2025
Thank you this comprehensive report. I have thought it totally scandalous that the Green Party was not on the ballot and I thought that would raise the ire of the populace. Maybe it has.