Dear Patriot,
Thank you for your question. You are facing a long and difficult
process, but I wish you every bit of luck. The more people will get
involve in politics, the better!
The political system in the United States does not make it
particularly easy for someone wishing to form a new party. Even though
it is not impossible, in practice in demands lots of resources, and
the structure of the system usually hinders any substantial political
gains for small actors and minor parties.
Consequently, many groups tend to form themselves as lobbies, pressure
groups or social movements - that would affect the big parties ? than
to establish a new party.
I am not telling all of this in order to discourage you, but in order
for you to know the hardships of the process you're getting into.
Step I: Founding the Party
===================
Your first step in founding a new party is to decide on a name, write
a party constitution and appoint temporary officials (see exactly
which ones later), in a congregation of all founders. This is the
first party "convention", and despite the pompous name, it could be a
meeting held anywhere, as soon as it is a meeting of the founders of
the party. The name, of course, cannot be used by any other qualified
political party. You can't decide that your party would be named "The
Republican Party", as I have heard that this name is already taken.
What is a "Qualified" Party?
----------------------------
Basically, it is a party that could run in the primary level. However,
the definitions change, and basically, it means a party, whose
candidates already shown some success, and that has a certain
percentage of voters. In Nevada, that means, any party that has
registered with the Secretary of State.
A list of the currently recognized small parties in Nevada: ?currently
Nevada recognizes five minor political parties for state primaries:
? Green
? Independent American
? Libertarian
? Natural Law
? Reform?
This is, of course, in addition to the Republican and the Democratic Party.
(SOURCE: Churchill County, Office of Clerk/Treasurer, Political Party
Affiliation, <http://www.churchillcounty.org/clerktrs/politicalpty.htm>
).
Step II: Registering this name with the Secretary of State
=========================================
Your next step is to register your new party with the Secretary of
State, through a special form, called a ?Certificate of Existence ?.
?The Certificate of Existence must include:
a. Name of the political party;
b. Name of its officers;
c. Names of the members of its executive committee;
d. Name of the person authorized to file the list of its candidates
for partisan office with the Secretary of State; and
e. A copy of its constitution or bylaws. (NRS 293.171(1) & (2))
The constitution or bylaws of a minor political party must provide a
procedure for the nomination of its candidates in such a manner that
only one candidate may be nominated for each office. (NRS 293.171(4))
A minor political party shall file with the Secretary of State an
Amended Certificate of Existence within five days after any change in
the information contained on the certificate. (NRS 293.171(3))?
(SOURCE: Secretary of State of Nevada, Minor Political Party Guide, p. 1).
Your party's ideology shouldn't be contradictory to the laws of the
state (or the country), which basically means it doesn't promote
illegal practices or the overthrow of the regime. Please note, that if
your party is after changing laws in the country/state (for example,
many small new parties are supporting legalisation of illegal drugs,
changing taxation laws, etc.), it doesn't mean you're "supporting
illegal practices". In fact, you're trying to change the laws in a
democratic process, and in theory not support any violation of the
law.
The Nevada Law on Registering a New Party
================================
The NRS (Nevada Revised Statutes) discuss the issue in clauses 293.171 onwards:
" 1. To qualify as a minor political party, an organization must
file with the Secretary of State a certificate of existence which
includes the:
(a) Name of the political party;
(b) Names of its officers;
(c) Names of the members of its executive committee; and
(d) Name of the person authorized to file the list of its
candidates for partisan office with the Secretary of State.
2. A copy of the constitution or bylaws of the party must be
affixed to the certificate.
3. A minor political party shall file with the Secretary of
State an amended certificate of existence within 5 days after any
change in the information contained in the certificate.
4. The constitution or bylaws of a minor political party must
provide a procedure for the nomination of its candidates in such a
manner that only one candidate may be nominated for each office.
5. A minor political party whose candidates for partisan office
do not appear on the ballot for the general election must file a
notice of continued existence with the Secretary of State not later
than the second Friday in August preceding the general election.
6. A minor political party which fails to file a notice of
continued existence as required by subsection 5 ceases to exist as a
minor political party in this state.
(Added to NRS by 1987, 1359; A 1989, 2160; 1999, 3548)
(SOURCE: Nevada Revised Statutes, NRS 293.171 Procedure for
qualification. < http://www.leg.state.nv.us/NRS/NRS-293.html#NRS293Sec171>).
Sounds easy so far, huh?
Am I a Qualified Party Now? Could I Participate in the Elections Now?
====================================================
Unfortunately, no.
The fact that you registered your party does not imply that you can
now run for elections. In order to have ballot access, you must do one
of the following:
- Submit a petition containing at least 1% of the votes cast the last
general elections
- Submit a petition ?on behalf of a candidate for statewide office
containing 250 valid signatures or a petition containing 100 valid
signatures for any office except a statewide office.? (SOURCE:
Secretary of State of Nevada, Minor Political Party Guide, p. 1-2).
All of this must be done at a certain time before the elections in
which your planning to participate.
The law says:
?NRS 293.1715 Procedure to place candidates? names on ballot;
limitation on number of candidates to appear on ballot.
1. The names of the candidates for partisan office of a minor
political party must not appear on the ballot for a primary election.
2. The names of the candidates for partisan office of a minor
political party must be placed on the ballot for the general election
if the party has filed a certificate of existence and a list of its
candidates for partisan office pursuant to the provisions of NRS
293.1725 with the Secretary of State and:
(a) At the last preceding general election, the minor political
party polled for any of its candidates for partisan office a number of
votes equal to or more than 1 percent of the total number of votes
cast for the offices of Representative in Congress;
(b) On January 1 preceding a primary election, the minor
political party has been designated as the political party on the
applications to register to vote of at least 1 percent of the total
number of registered voters in this state; or
(c) Not later than the second Friday in August preceding the
general election, files a petition with the Secretary of State which
is signed by a number of registered voters equal to at least 1 percent
of the total number of votes cast at the last preceding general
election for the offices of Representative in Congress.
3. The name of a candidate for partisan office for a minor
political party other than a candidate for the office of President or
Vice President of the United States must be placed on the ballot for
the general election if the party has filed:
(a) A certificate of existence;
(b) A list of candidates for partisan office containing the name
of the candidate pursuant to the provisions of NRS 293.1725 with the
Secretary of State; and
(c) Not earlier than the first Monday in May preceding the
general election and not later than 5 p.m. on the second Friday after
the first Monday in May, a petition on behalf of the candidate with
the Secretary of State containing not less than:
(1) Two hundred fifty signatures of registered voters if
the candidate is to be nominated for a statewide office; or
(2) One hundred signatures of registered voters if the
candidate is to be nominated for any office except a statewide office.
?A minor political party that places names of one or more candidates
for partisan office on the ballot pursuant to this subsection may also
place the names of one or more candidates for partisan office on the
ballot pursuant to subsection 2.
4. The name of only one candidate of each minor political party
for each partisan office may appear on the ballot for a general
election.
5. A minor political party must file a copy of the petition
required by paragraph (c) of subsection 2 or paragraph (c) of
subsection 3 with the Secretary of State before the petition may be
circulated for signatures.
(Added to NRS by 1987, 1360; A 1989, 2160; 1993, 2174; 1995,
2259; 1999, 1389, 3548; 2003. 1641)?
(SOURCE: NRS, ?NRS 293.1715 Procedure to place candidates? names on
ballot; limitation on number of candidates to appear on ballot.? <
http://www.leg.state.nv.us/NRS/NRS-293.html#NRS293Sec1715>).
As you can see in 293.172, there is a certain standard for the
signatures, and requires those signed to provide the place where they
are registered to vote.
Number of Signatories
---------------------------
As mentioned before, the number of signatories or supporters is essential.
It is important to note, that the party must hand in a copy of the
petition to the Secretary of State, before the petition may be
circulated to the voters. The petition on behalf of the party, must
include, as mentioned before, 1% of the total number of votes cast in
the last general Congressional elections ? which is now 5,000, after
499,000 people voted in the last (2002) Congressional elections. The
petition on behalf of the candidate must include 250 signatures for a
state-wide office, and 100 signatures for any lower level local office
(SOURCE: Secretary of State of Nevada, Minor Political Party Guide, p.
2).
Step III: After the Party Qualifies
=========================
(1) First of all, if you don?t place candidates in the elections, you
must file ?a Notice of Continued Existence with the Secretary of
State?. If you haven?t, you?re not qualified anymore and should start
all over again.
Here are the requirements for candidates:
Candidate Information
< http://sos.state.nv.us/nvelection/can_info/index.htm>
Whom to Contact
---------------
Examples of the files you should hand in are available on the Guide
for Minor Parties . It is available online at:
Minor Political Party Qualifications Guide
< http://sos.state.nv.us/nvelection/minor_pty/minor.pdf>
For more information you can also contact:
Nevada Secretary of State Dean Heller
ELECTIONS DIVISION
101 North Carson Street, Suite 3
Carson City, NV. 89701
775/684-5705 775/684-5718 (fax)
e-mail address: nvelect@sos.nv.gov
Links and further information
-----------------------------
DC Political Report <http://www.dcpoliticalreport.com/PartyLink.htm> -
a list of minor parties in the U.S.
Online Guide to Nevada Politics < http://www.politics1.com/nv.htm>
Ballot Access for American Political Parties More Generally
<http://democracy.ru/english/library/international/eng_1996-15/page4.html>
POLITICAL PARTIES IN THE UNITED STATES By John F. Bibby
< http://usinfo.state.gov/products/pubs/election04/parties.htm>
US Politics Today ? Nevada
< http://www.uspoliticstoday.com/nevada/>
In other States (+ DC):
California Election Code
< http://www.ss.ca.gov/elections/elections_t.htm>
District of Columbia
<http://www.dcboee.org/information/candidates/app_party_name.shtm>
Florida
<http://election.dos.state.fl.us/publications/pdf/electionLaws.pdf>
Party Formation in Iowa
<http://www.sos.state.ia.us/pdfs/elections/FormingPoliticalParty.pdf>
Political Parties in Maryland - Maryland State Board of Elections -
???? 4-102. New political parties.
<http://www.elections.state.md.us/citizens/law/el4/el_4-102.htm>
North Carolina
The Law <http://www.ncleg.net/Statutes/GeneralStatutes/HTML/BySection/Chapter_163/GS_163-96.html>
I hope this answered your question. Please contact me if you need any
clarifications on this answer before you rate it.
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---------------
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