Both the Democratic and Republican parties have historically supported or benefitted from legal and procedural barriers that limit the viability of third parties in the United States. Some of these measures became more prominent after Ross Perot's significant showing in the 1992 presidential election, where he captured 19% of the popular vote as an independent candidate. Here are some key barriers:
1. Ballot Access Laws
- Stringent Signature Requirements: Many states require third-party or independent candidates to collect a large number of signatures to qualify for the ballot, often within a short time frame. These requirements are typically less burdensome for candidates from the major parties.
- High Filing Fees: Some states impose filing fees that can be prohibitive for candidates without major-party backing.
- Discriminatory Deadlines: Deadlines for third-party candidates to qualify for the ballot are often earlier than those for major-party candidates.
2. Debate Exclusion
- After Perot's success, the Commission on Presidential Debates (CPD), controlled by representatives of the Democratic and Republican parties, established stricter criteria for inclusion in presidential debates. For example, a candidate must poll at least 15% in national surveys, a threshold difficult for third-party candidates to meet without debate exposure.
3. Matching Funds and Campaign Finance Rules
- Public financing systems often favor the two major parties. For example, third-party candidates can only access federal matching funds after an election if they secure at least 5% of the vote, making it harder for them to compete during the campaign.
4. "Sore Loser" Laws
- Many states prevent candidates who run in a major-party primary and lose from appearing on the general election ballot as independents or third-party candidates. This law ensures that potential third-party runs are thwarted early.
5. Partisan Control of Election Boards
- State election boards, often controlled by Democrats and Republicans, can make decisions that disadvantage third parties, such as rejecting petitions or applying rules inconsistently.
6. Gerrymandering and Electoral College
- The two-party system is reinforced by gerrymandering, which discourages competition in congressional districts, and the Electoral College, which makes it nearly impossible for a third-party candidate to win without significant support in multiple states.
7. Straight-Ticket Voting
- In states that allow straight-ticket voting (voting for all candidates of one party with a single action), third-party candidates often struggle to compete against entrenched major-party loyalties.
Impact of Ross Perot's Campaign
Perot's 1992 campaign demonstrated the potential appeal of a well-funded and media-savvy third-party candidate. In response, both major parties supported or endorsed measures that reinforced their dominance, such as strengthening the CPD and introducing more restrictive ballot access laws.
These legal and structural barriers collectively reinforce the dominance of the two-party system and make it challenging for third-party candidates to gain traction in the U.S. political landscape.