Proposing an amendment to the Constitution of the United States to guarantee equal ballot access for all candidates, require democratic governance and financial transparency of political parties, and protect constitutional democracy from parties that seek to abolish it.
When a majority is included in a faction, the form of popular government, on the other hand, enables it to sacrifice to its ruling passion or interest both the public good and the rights of other citizens.
From these remarks, it appears that the government will fall into the hands of the few and the great. This will be a government of oppression.
Why This Amendment?
Two-Party Lock-In
Americans are stuck choosing between two parties, even when neither one represents what they believe. Both parties have groups inside them that disagree with each other, but voters have no real way to support those ideas separately. Instead of picking a candidate they actually want, many people end up voting against the one they like least. This is not real choice—it is choosing the lesser of two evils.
Candidate Access Barriers
If you want to run for Congress as a Democrat or Republican, your name goes on the ballot automatically. But if you want to run as an independent or with a smaller party, you have to collect thousands of signatures and sometimes pay thousands of dollars just to be listed. In some states, you need more than 100,000 signatures in a short time. That makes it nearly impossible for new people to run.
Parties Hostile to Democracy
Even though the Constitution promises freedom of religion and equal rights, some political parties support policies that favor one religion or limit equal treatment. A party can openly go against those constitutional protections and still receive federal funding and appear on the ballot.
Unaccountable Party Leadership
Political parties are not required to let their own members vote on leaders or decisions. Party bosses can stay in power without elections. In many other countries, parties must hold internal votes and follow basic democratic rules. In the United States, they do not have to.
Clearer Views
With more parties able to compete fairly, voters can support candidates who actually represent their views instead of settling.
Better Options
More candidates to choose from. Real competition. Voters see options beyond the two major parties.
American Constitutional Alignment
Only parties committed to democratic rules can appear on the ballot. Voters won't accidentally support a party working to end their right to vote.
Party Reflection
Party members actually get a say in who leads and what the party stands for. The candidates on the ballot reflect what party members want, not just what insiders decided.
This proposal does not take control of political parties away from states. It sets basic rules only for parties and candidates seeking access to federal ballots.
States still decide how to run elections. They still control state and local ballot access. They still regulate state-level parties.
The proposal requires that any party appearing on a federal ballot must meet minimum standards: governance by its members, financial transparency, and commitment to constitutional democracy. These are conditions for federal ballot access, not mandates on how states run their own elections.
Within ten years, states must adopt the same standards for state elections. This is not about controlling state elections—it is about ensuring every state remains a democracy. The United States is a union of democratic states. If a state can block people from running for office or rig ballot access to guarantee one-party rule, it is no longer functioning as part of that union. A state that abandons democratic elections is not exercising state rights—it is breaking the basic agreement that makes it a state.
Every other federal democracy sets national standards for parties competing in national elections. Germany requires parties to be internally democratic and can ban parties that seek to abolish the constitutional order. Canada, Australia, and most European democracies require financial disclosure from parties seeking national office. The United States is the only federal democracy with no uniform national standards for governance, transparency, or democratic commitment among its political parties.
Fair Competition
Each section shows the legal text and what it means in plain language. You don't need a law degree to understand what you're voting on.
Political Parties and Ballot Access
Legal text
- A political party is an association of citizens organized to nominate candidates and contest elections. Political parties may be freely established.
- The internal organization of political parties shall conform to democratic principles. Parties shall select candidates and leaders through processes that permit participation by party members.
- Political parties shall publicly account for their assets and for the sources and use of their funds, as provided by law.
- Any citizen meeting age and residency requirements may appear on the ballot for federal office upon submitting a petition signed by no more than one percent of votes cast in the prior election for that office, or ten thousand signatures, whichever is fewer.
- No filing fee for federal office shall exceed one hundred dollars.
- Requirements for ballot access shall be identical for all candidates regardless of party affiliation or lack thereof.
- A political party shall be ineligible to appear on the ballot or receive public funding if it openly advocates:
1. Abolishing elections or establishing one-party rule;
2. Overthrowing the constitutional order by force or unlawful means;
3. Denying the equal citizenship or legal rights of any person based on race, ethnicity, religion, sex, or national origin.
The Supreme Court shall have sole authority to make such determination upon petition by the Attorney General or by Congress. - This section applies to federal elections upon ratification. Within ten years of ratification, each State shall adopt consistent standards for all state and local elections.
Plain Language
- A political party is a group of citizens who join together to choose candidates and take part in elections. People are free to create new political parties.
- Political parties must follow democratic rules. This means party members must be allowed to help choose the party’s leaders and candidates.
- Political parties must publicly report what money they have, where it comes from, and how they spend it, as required by law.
- Any citizen who meets the age and residency rules may run for federal office by collecting signatures. The number of signatures required cannot be more than one percent of the votes cast in the last election for that office, or ten thousand signatures, whichever number is smaller.
- The fee to file to run for federal office cannot be more than one hundred dollars.
- The rules for getting on the ballot must be the same for everyone, whether they belong to a political party or not.
- A political party cannot be placed on the ballot or receive public money if it openly supports ending elections, creating one-party rule, using force to overthrow the Constitution, or denying equal rights to people based on race, ethnicity, religion, sex, or national origin. Only the Supreme Court can decide this, and only if the Attorney General or Congress asks the Court to review it.
- These rules apply to federal elections as soon as this amendment is approved. Within ten years, each State must create similar rules for its own state and local elections.
Enforcement
Legal text
- The rights secured by this article are self-executing and shall not require enabling legislation to be enforceable.
- Congress shall have power to enforce this article by appropriate legislation.
- Any candidate or party denied rights under this article shall have standing to bring suit in federal court for injunctive relief.
- No State law or action inconsistent with this article shall have any force or effect.
- No provision of this article shall be construed to limit individual rights or remedies otherwise available under this Constitution or the laws of the United States.
- The Federal Election Commission established by the Fair Elections Amendment shall have authority to investigate violations of this article and impose civil penalties.
Plain Language
- The amendment works on its own. The moment it becomes part of the Constitution, people can use it. Congress does not have to pass another law first to “turn it on.” If someone violates it, a court can enforce it right away.
- Congress has the power to pass laws to carry out and enforce this amendment.
- Any candidate or political party whose rights under this amendment are denied may file a lawsuit in federal court to ask a judge to stop the violation.
- Any State law or action that conflicts with this amendment has no legal effect.
- It does not take away any other rights people already have. It adds protections, but it does not reduce anything that already exists in the Constitution or other laws. If someone has another legal option to protect their rights, they can still use it.
- The Federal Election Commission created under Amendment I has the power to investigate violations of this amendment and to issue civil penalties when the law is broken.
Section 3. Effective Date and Implementation
Legal text
- This article shall take effect immediately upon ratification.
- Within ten years of ratification, each State shall adopt consistent standards for state and local elections as provided in Section 1(h).
- This article shall be inoperative unless ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within one year from the date of its submission to the States by the Congress.
Plain Language
- This starts immediately once voted in; no waiting period.
- Once the amendment becomes law, states have up to ten years to switch their own elections over to ranked-choice voting. They do not have to do it immediately, but they cannot ignore it forever. Within ten years, they must update their state and local election systems.
- It only becomes part of the Constitution if enough states approve it. Three-fourths of the states must vote yes. If that does not happen within one year after Congress sends it to the states, then the amendment fails and does not take effect at all.
Provisional Voting
These options exist because some provisions in this amendment have more than one legitimate solution. The draft reflects what comparative research and international precedent suggest is the strongest approach — but reasonable people can disagree on implementation.
You get one vote per poll. You are not required to vote on any of them. Only vote if you believe the current draft language should change. If none of the listed options reflect your position, you can submit an alternative in the discussion below.
Questions and Consideration
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