How does an independent candidate get on the presidential ballot?

Robert F. Kennedy Jr. launched his presidential campaign as a Democrat. The anti-vaccine political scion got a lot of attention, but not a lot of traction in the Democratic primary, so he went independent.

The son of the late Attorney General Robert F. Kennedy is now the highest polling independent candidate in the 2024 presidential race.

A Reuters/IPSOS poll released Jan. 10 found that Kennedy had 18% support compared to 29% for Biden and 30% for Trump. Despite that, he’s only on the ballot in one state: Utah. He’s working to get ballot access in all 50.

So how does he, or any other independent candidate, get approved to appear on the presidential ballot this 2024 election?

The voting process varies significantly across states, encompassing diverse requirements, forms, and deadlines.

The process starts by collecting signatures on a petition to be submitted to the secretary of state’s office. The number of signatures needed varies significantly.

For example, Texas requires independents to secure 113,151 signatures of registered voters who did not vote in the presidential primary of either party. However, in Tennessee, a candidate must obtain the signatures and addresses of at least 275 voters registered anywhere within the state. 

But in other places, it’s more complex.

In New York, candidates need 45,000 signatures total, but they need at least 500 each from 13 different congressional districts. So in other words, candidates can’t walk around collecting signatures in New York City. 

Because the United States uses the Electoral College to choose a president, some states, like California and Texas, require the candidates to have qualified electors who pledge their votes to them.

Finally, there are rules as to when candidates and their teams can collect these signatures. The filing deadlines range from March 5 in Utah and North Dakota to Sept. 6 in Kentucky and Mississippi. The other 46 states and the District of Columbia fall somewhere in between, most are in July and August.

There are certain windows for when signatures are allowed to be collected. For instance in Texas, a candidate can’t start collecting signatures until March 5. In California, the nomination papers can be circulated for signatures between April 26 and Aug. 9. 

So with all that in mind, it makes sense that RFK Jr. isn’t on the ballot in so many states because he can’t be. The window isn’t open yet in many states and in others, he hasn’t fulfilled another key requirement: choosing a running mate.