The Libertarian Party did not have a good night for ballot access this election, as it is now on the ballot in 30 states plus DC for the 2022 election. The LP was on in 37 states plus DC after the 2016 election, and 31 states plus DC after 2018.
Significantly, the party lost ballot access in Iowa, Kentucky, Massachusetts, New York, and Ohio. New York changed its laws for ballot access earlier this year, making it much more difficult to retain party status after the party got ballot access for the first time in its history in 2018. The new laws are being challenged in court.
The LP retained ballot access in:
- DC, as Patrick Hynes received over 7,500 votes for Delegate to the US House of Representatives
- Nevada, with LP presidential candidate Jo Jorgensen obtaining more than 1% of the votes cast for all of the US House races in the state. In addition, the Nevada LP has at least 1% of the registered voters, which also allow the party to remain on the ballot
- New Mexico kept its major party status for the next two years, as Stephen Curtis received 7% for Judge of the Court of Appeals Position 2. This makes it much easier for candidates to get on the ballot than if the party is a minor party.
- South Dakota, where Devin Saxon picked up 5.1% of the vote for Public Utilities Commission and Randy “Uriah” Luallin obtained 19% for US House. This gives the South Dakota LP ballot access for four years.
- West Virginia, as the candidate for Governor Erika Kolenich got 2.9%. This is the best result ever for a West Virginia LP candidate for Governor. The LPWV will have party status for another four years.
- Wyoming, with Rich Brubaker obtaining 3.7% in his race for the US House.
- The 2024 LP presidential candidate will appear on the ballot in Connecticut without petitioning, and can run candidates in 2022 for Treasurer and for the US House 2nd district without petitioning.
- The LP also retained ballot access in Kansas, Michigan, and Georgia (statewide offices only).
In the 202 states that lost ballot access all candidates wishing to run as a Libertarian will be required to petition with a signature drive. Total signatures vary state to state.