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Filing fees are paid by candidates as a prerequisite to becoming a candidate and running for office. Today 32 states use filing fees as an available means of filing as a candidate. This page contains a brief history of filing fees, major approaches to filing fees, a chart detailing each state’s filing fee requirements and alternatives to fees for indigent candidates.
History
Filing fees were originally used as a way to deter frivolous candidates from cluttering ballots and to help pay for the administration of elections. These fees were at times exceptionally large. Some from the 1960s and 1970s were close to $40,000 once adjusted for inflation. Two landmark U.S. Supreme Court decisions in the early 1970s held that filing fees were only constitutional when most candidates could afford them, and they should not be the only means available for filing as a candidate.
Today filing fees are still used to deter frivolous candidates and to help fund elections, but each state also provides an avenue to indigent candidates who cannot pay the fees, generally by accepting petitions with voter signatures instead.
Approaches to Filing Fees
Filing fees are either set by the state or the political parties within the state. In most states with filing fees the state sets the fee. Only Alabama, Arkansas, and Delaware allow the political parties to set the filing fees.
Thirty-three states require major party candidates to pay a filing fee. The remaining 17 states do not require major party candidates to pay a filing fee. (States that do not require a filing fee generally require interested candidates to qualify through a petition process.) These states vary dramatically. Filing for a state House position in New Hampshire costs $2, while a Republican candidate for state Senate in Arkansas must pay $7,500 to appear on the ballot, and a Democratic candidate must pay $2,250.
Nineteen states impose fees on individual, or independent, candidates for state legislative seats. Of these, twelve give the individual candidate the option to file as indigent, removing the fee and using a signature requirement instead. For the seven states that require a fee from individual candidates, the fee ranges from $15 in Mississippi to $200 in West Virginia and Kentucky.
To calculate fees, some states set a fixed amount and others set a percentage of the salary for the office. For example, Florida sets the fee at three percent of the annual salary for a legislator; Hawaii sets a fixed fee of $250. See the chart below.
Filing Fees for Candidates for State Legislator
| |
State Senator
|
State Representative
|
|
State
|
Independent
|
Major Party
|
Independent
|
Major party
|
|
Alabama
|
none
|
$925.14
|
none
|
$925.14 |
|
Alaska
|
$30
|
$30
|
$30
|
$30
|
|
Arizona
|
none
|
none
|
none
|
none
|
|
Arkansas
|
none
|
$7,500 for Republicans / $4,500 for Democrats
|
none
|
$3,000 for Republicans / $3,000 for Democrats
|
|
California
|
1 percent of the annual salary for the position
|
1 percent of the annual salary for the position
|
1 percent of the annual salary for the position
|
1 percent of the annual salary for the position
|
|
Colorado
|
none
|
none
|
none
|
none
|
|
Connecticut
|
none
|
none
|
none
|
none
|
|
Delaware
|
none
|
$945
|
none
|
$945
|
|
Florida
|
3 percent of the annual salary for the position
|
3 percent of the annual salary for the position
|
3 percent of the annual salary for the position
|
3 percent of the annual salary for the position
|
|
Georgia
|
$400
|
$400
|
$400
|
$400
|
|
Hawaii
|
$250
|
$250
|
$250
|
$250
|
|
Idaho
|
none
|
$30
|
none
|
$30
|
|
Illinois
|
none
|
none
|
none
|
none
|
|
Indiana
|
none
|
none
|
none
|
none
|
|
Iowa
|
none
|
none
|
none
|
none
|
|
Kansas
|
$145
|
$145 |
$120 |
$120 |
|
Kentucky
|
$200
|
$200
|
$200
|
$200
|
|
Louisiana
|
$300
|
$600 |
$225 |
$450 |
|
Maine
|
none
|
none
|
none
|
none
|
|
Maryland
|
$50
|
$50
|
$50
|
$50
|
|
Massachusetts
|
none
|
none
|
none
|
none
|
|
Michigan
|
none
|
$100
|
none
|
$100
|
|
Minnesota
|
$100
|
$100
|
$100
|
$100
|
|
Mississippi
|
$250
|
$250 |
$250 |
$250 |
|
Missouri
|
none
|
$50
|
none
|
$100
|
|
Montana
|
$15
|
$15
|
$15
|
$15
|
|
Nebraska
|
1 percent of the annual salary of the position
|
1 percent of the annual salary of the position |
N/A (unicameral) |
N/A (unicameral) |
|
Nevada
|
$100
|
$100
|
$100
|
$100
|
|
New Hampshire
|
none
|
$10
|
none
|
$2 |
|
New Jersey
|
none
|
none
|
none
|
none
|
|
New Mexico
|
none
|
none
|
none
|
none
|
|
New York
|
none
|
none
|
none
|
none
|
|
North Carolina
|
1 percent of the annual salary of the position
|
1 percent of the annual salary of the position
|
1 percent of the annual salary of the position
|
1 percent of the annual salary of the position
|
|
North Dakota
|
none
|
none
|
none
|
none
|
|
Ohio
|
$85
|
$85
|
$85
|
$85
|
|
Oklahoma
|
$750
|
$750 |
$500 |
$500 |
|
Oregon
|
none
|
$25
|
none
|
$25
|
|
Pennsylvania
|
none
|
$100
|
none
|
$100
|
|
Rhode Island
|
none
|
none
|
none
|
none
|
|
South Carolina
|
none
|
$416
|
none
|
$208
|
|
South Dakota
|
none
|
none
|
none
|
none
|
|
Tennessee
|
none
|
none
|
none
|
none
|
|
Texas
|
none
|
$1,250
|
none
|
$750
|
|
Utah
|
1/8th of 1 percent of the total salary of the position + $50
|
1/8th of 1 percent of the total salary of the position + $50
|
1/8th of 1 percent of the total salary of the position + $50
|
1/8th of 1 percent of the total salary of the position + $50
|
|
Vermont
|
none
|
none
|
none
|
none
|
|
Virginia
|
none
|
2 percent of the annual salary of the position
|
none
|
2 percent of the annual salary of the position |
|
Washington
|
1 percent of the annual salary of the position
|
1 percent of the annual salary of the position
|
1 percent of the annual salary of the position
|
1 percent of the annual salary of the position
|
|
West Virginia
|
$200
|
$200 |
$100 |
$100 |
|
Wisconsin
|
none
|
none
|
none
|
none
|
|
Wyoming
|
$25
|
$25
|
$25
|
$25
|
Indigent Candidates
According to Lubin v. Panish, states may not require indigent candidates to pay filing fees to become a candidate. In accordance with this case, each state provides a method for filing as a candidate that is accessible to indigent candidates and does not require them to pay a fee. In those states, candidates can file for an exception to the filing fee, and upon approval, these people can become indigent candidates. They do not have to indicate that they are an indigent candidate on any of their advertising or make any other indication of this status.
States vary in their approaches. Some states require that all candidates pay a filing fee and have an exception for indigent candidates. Other states require a filing fee, but also provide an alternative in the form of a petition that is available to all candidates. Still others require no filing fee at all.
50-State Overview
- 34 states require some candidates to file by fee. Thirteen of these 34 states have explicit indigent candidate exceptions.
- 13 states allow candidates to file by fee but also provide a filing by petition alternative.
- 16 states don’t require filing fees of any candidate for a state legislative seat.
The following chart details the available options for indigent candidates by state.
Options for Indigent Candidates
|
State
|
Filing Fee Required
|
Either-Or State
|
Explicit Indigent Exception
|
Average Fee
|
|
Alabama
|
yes
|
no
|
no
|
$1,066.97
|
|
Alaska
|
yes
|
no
|
yes
|
$30
|
|
Arizona
|
no
|
no
|
no
|
n.a.
|
|
Arkansas
|
yes
|
no
|
no
|
$3,333.33
|
|
California
|
yes
|
yes
|
no
|
$952.91
|
|
Colorado
|
no
|
no
|
no
|
n.a.
|
|
Connecticut
|
no
|
no
|
no
|
n.a.
|
|
Delaware
|
yes
|
no
|
yes
|
$1,162.67
|
|
Florida
|
yes
|
yes
|
no
|
$1,633.12
|
|
Georgia
|
yes
|
no
|
yes
|
$400
|
|
Hawaii
|
yes
|
no
|
yes
|
$250
|
|
Idaho
|
yes
|
yes
|
no
|
$30
|
|
Illinois
|
no
|
no
|
no
|
n.a.
|
|
Indiana
|
no
|
no
|
no
|
n.a.
|
|
Iowa
|
no
|
no
|
no
|
n.a.
|
|
Kansas
|
yes
|
yes
|
yes
|
$56.33
|
|
Kentucky
|
yes
|
no
|
no
|
$200
|
|
Louisiana
|
yes
|
yes
|
no
|
$468.75
|
|
Maine
|
no
|
no
|
no
|
n.a.
|
|
Maryland
|
yes
|
no
|
yes
|
$50
|
|
Massachusetts
|
no
|
no
|
no
|
n.a.
|
|
Michigan
|
yes
|
yes
|
no
|
$100
|
|
Minnesota
|
yes
|
yes
|
no
|
$100
|
|
Mississippi
|
yes
|
no
|
no
|
$15
|
|
Missouri
|
yes
|
no
|
yes
|
$75
|
|
Montana
|
yes
|
no
|
yes
|
$15
|
|
Nebraska
|
yes
|
no
|
no
|
$120
|
|
Nevada
|
yes
|
no
|
yes
|
$100
|
|
New Hampshire
|
yes
|
yes
|
no
|
$6
|
|
New Jersey
|
no
|
no
|
no
|
n.a.
|
|
New Mexico
|
yes
|
no
|
yes
|
$50
|
|
New York
|
no
|
no
|
no
|
n.a.
|
|
North Carolina
|
yes
|
yes
|
no
|
$207
|
|
North Dakota
|
no
|
no
|
no
|
n.a.
|
|
Ohio
|
yes
|
no
|
no
|
$85
|
|
Oklahoma
|
yes
|
yes
|
no
|
$200
|
|
Oregon
|
yes
|
no
|
no
|
$25
|
|
Pennsylvania
|
yes
|
no
|
yes
|
$100
|
|
Rhode Island
|
no
|
no
|
no
|
n.a.
|
|
South Carolina
|
yes
|
no
|
no
|
$312
|
|
South Dakota
|
no
|
no
|
no
|
n.a.
|
|
Tennessee
|
no
|
no
|
no
|
n.a.
|
|
Texas
|
yes
|
yes
|
no
|
$1,000
|
|
Utah
|
yes
|
no
|
yes
|
$72.35
|
|
Vermont
|
no
|
no
|
no
|
n.a.
|
|
Virginia
|
yes
|
no
|
no
|
$356
|
|
Washington
|
yes
|
no
|
yes
|
$421
|
|
West Virginia
|
yes
|
yes
|
no
|
$150
|
|
Wisconsin
|
no
|
no
|
no
|
n.a.
|
|
Wyoming
|
yes
|
yes
|
no
|
$25
|
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