Political Parties Under West Virginia Law
Official Parties or Minor Parties?
In West Virginia, an official political party is one which has gained automatic access
to the General Election ballot, and which has the right to nominate its candidates in the
Primary Election. The term "minor party" is not actually used in the law, but is the common term
used for groups of voters who achieve access for their candidates through nominating petitions.
Official Political Parties in West Virginia
West Virginia Code defines political parties as:
"Any affiliation of voters represenating any principle or
organization which, at the last preceding general election, polled
for its candidate for governor at least one percent of the total
number of votes cast for all candidates for that office in the
state..." [WV Code §3-1-8] This definition
creates the avenue for a minor party to become an official party. As soon as
a minor party achieves ballot access for its candidate for Governor
by petition, and then wins at least one
percent of the vote in the General Election, the minor party becomes official.
The Democratic and Republican Parties have maintained official party status
throughout West Virginia's history as a state. Together they represent about
88% of registered
voters. In the 2000 General Election, the Mountain Party gained official party status for the
first time by winning 1.6% of the vote for Governor and continued
their status after receiving 2.5% of the vote for Governor in
2004. The Libertarian Party, which had achieved
official party status in the 1998 General Election, lost official status when its candidate
received less than one percent of the vote in a five-way race for Governor.
Minor Political Parties
The number of minor political parties changes from election to election.
These parties represent groups of voters who seek ballot access for one or more candidates in the General
Election who represent a set of principles or beliefs. Some organize and petition only for candidates
for President & Vice President. Some groups organize around state candidates and are not aligned with a
national party-building effort. Still others work to nominate both candidates for President and for state
and local offices. In the 2000 General Election, four minor parties won ballot access. The Mountain Party
petitioned only for state candidates; the Natural Law Party and the Reform Party each put
forward both state and federal candidates, and the Green Party had only candidates for President
and Vice President. Minor parties which do not achieve nomination of a candidate for Governor cannot
become an official party, even if other candidates receive a
substantial percentage of votes.
For more information about achieving ballot access for the general election, see
Alternative Ballot Access.
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