Electoral fusion

In Milwaukee, Wisconsin, during the heyday of the Sewer Socialists, the Republican and Democratic parties would agree not to run candidates against each other in some districts, concentrating instead on defeating the Socialists. These candidates were usually called "non-partisan", but sometimes were termed "fusion" candidates instead.[12]

Fusion has the highest profile in the state of New York and particularly New York City, where it was used as a major weapon against Tammany Hall. Most legislative and judicial elections are won by candidates endorsed by more than two parties.

The first fusion gubernatorial election was held in New York in 1854, in which the major party Whig candidate was supported in a fusion candidacy by eleven other political parties, among them the "Strong-Minded Women" Party, the "Anti-Rent" Party and the "Negro" Party.

In order to obtain or maintain automatic ballot access, a party's candidate for governor of New York must receive 50,000 votes on that party's line. The party need not run its own candidate and may cross-nominate another party's candidate, but in order to qualify for automatic ballot access it must receive 50,000 votes on its own line. Gubernatorial vote also determines ballot order, with Row "A" going to the party whose line gains the most votes (regardless of whether or not their candidate actually wins – see the 1994 election for an example).

Automatic ballot access means that no petitions need be filed to gain access to a ballot line for statewide and special elections, and parties may designate candidates through their own conventions. (Legislative candidates must petition onto the ballot regardless of party designation.) For local (non-statewide) office, the number of signatures required to place a candidate on the ballot is much lower for qualified parties, and they are the only parties eligible to hold primary elections. Automatic ballot access is valid for four years, and parties must gain 50,000 votes in the next gubernatorial election to again qualify for automatic ballot access.

Small parties are significant in large part for their fused ballot lines, include the Independence Party of New York, the Working Families Party, and the Conservative Party of New York State. The Independence Party ran its own candidate for governor until 2002, but since then has instead retained its automatic ballot status by running a gubernatorial candidate who was designated by one of the major parties (to date, the party has always cross-endorsed the Democrat in gubernatorial races; it cross-endorses Republicans in lower races, particularly in the New York State Senate, whose Republican conference has strong ties to the party). Previously influential were the Liberal Party of New York and the New York State Right to Life Party, which lost automatic ballot access in 2002.

Other parties, such as the Libertarian Party of New York, the Green Party of New York, and others, now seek ballot access by, first, getting a gubernatorial candidate on the ballot via petition (by collecting 15,000 valid signatures of registered voters), and then by getting 50,000 votes for that candidate on their line. As a general rule, neither party uses electoral fusion, and both rely on their own candidates. The Green Party, which had first achieved ballot status in 1998, failed to gain 50,000 votes and also lost its ballot status in 2002, but regained its line when the 2010 election results were certified. In 2018, Larry Sharpe, the Libertarian Party candidate for governor, received over 90,000 votes, giving the party ballot status for the first time in its history.[13]

The Liberal Party, which had been active since 1944, became defunct as a result of the 2002 gubernatorial election. Andrew Cuomo got the Liberal Party nomination and ran in the Democratic primary against Carl McCall, who had secured the Working Families nomination. Cuomo subsequently dropped out and endorsed McCall, but his name remained on the Liberal party line and failed to gain 50,000 votes, leading to the Liberal Party's failure to retain status and losing its automatic ballot line. A Federal lawsuit (joined by Green, Libertarian, and other parties) enjoined the Board of Elections from discarding enrollment records of these disqualified parties, and also required modifications to allow voters to register themselves in non-ballot parties.

In July 2019, the New York Legislature passed a budget bill that included the creation of a Public Campaign Financing Commission, which was given authority to investigate and create rules for public financing of campaigns.[14] The Conservative Party of New York and the Working Families Party each filed lawsuits against the state in response, alleging that the commission was a disguised attempt to end fusion voting and thus the existence of New York's third parties.[15]

Prior to 1958, Oregon practiced a form of fusion that required the state to list multiple nominating parties on the candidate's ballot line. Sylvester Pennoyer was elected governor in 1886 and 1890 as a candidate of the Democratic and People's Parties. In 1906, seven members of the Oregon House were also elected as candidates of the People's Party and either the Democratic or Republican parties. In 2008, a lawsuit was brought by the Independent Party of Oregon against the Oregon Secretary of State claiming that modifications to the ballot design statute in 1995 once again required the state to list multiple nominating parties on the candidate's ballot line. The lawsuit gave rise to legislation[16] to allow candidates to list up to three party labels after their name. This bill passed both houses of the Oregon legislature during the 2009 legislative session. Governor Ted Kulongoski signed the bill into law on July 23, 2009.