If Gary Johnson polls 4% of the vote in every state on November 8, 2016, and if in certain states other statewide Libertarians also poll 4%, the Libertarian Party will be ballot-qualified in Alaska, Arizona, Arkansas, California, Colorado, Connecticut (for President and U.S. Senate), Delaware, D.C., Florida, Georgia (for statewide office), Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Oklahoma, Oregon, South Carolina, South Dakota, Utah, Vermont, West Virginia, Wisconsin, and Wyoming.

With a 5% showing, Illinois (for statewide office), Minnesota, North Dakota, Rhode Island, Texas, and Washington would also be on the list, for a total of 43 (counting D.C. as a state). The Maine law on how a party remains on the ballot is in transition, and Maine might also belong on the list.

After November 1996, the Reform Party was ballot-qualified in 32 states. Perot polled over 5% in every state, but unfortunately for the Reform Party, Ross Perot had qualified as an independent, instead of the Reform Party nominee, in Alabama, Delaware, South Dakota, Tennessee, Texas, and Wyoming.

No party, other than the Republican and Democratic Parties, has been ballot-qualified in at least 40 states at any time since the 1910’s decade. After the 2012 election, the Libertarian was on in 31 states. After the 2000 election, the Green Party was on in 22 states.