How Elon Musk's new political party could become a reality

• "People should take it seriously until proven otherwise," said Collin Anderson, clinical assistant professor of political science at the University at Buffalo. "There's a lot of hurdles in his way, especially pretty significant institutional barriers."
• "But it's not impossible."

What to know about Elon Musk's political party

Musk, the richest man in the world, has teased a new political party since taking umbrage with President Trump's signature "big, beautiful bill," calling it irresponsible and a negative to America's global power.

• Musk floated targeting tight congressional races that would make the hypothetical third party "the deciding vote on contentious laws, ensuring that they serve the true will of the people."

The other side: Trump called Musk a "train wreck" in response to the idea, and longtime Musk foe Treasury Secretary Scott Bessent said Musk's companies may not stand for it.b

Musk's America Party vs. history of third parties

Musk would be battling the unsuccessful history of third parties.

• Third parties have made waves before — like Ross Perot's 1992 run. Many contend that the Green Party, which has consistently shown up on ballots for decades, tipped the 2000 election in favor of George W. Bush.
• Third parties historically don't work long-term because they don't have the boots on the ground or the institutional history to win seats like the major two parties can, said Bernard Tamas, author of "The Demise and Rebirth of American Third Parties."
• Still, they can disrupt the status quo by corralling votes, making the major parties "sweat a lot," he said.

State requirements for new political parties

Musk's battle begins at the state level where ballot access is governed by law.

• Though states have different requirements, most generally look for strong voter support to make the ballot. Consistent votes help keep the party qualified, according to the Federal Election Commission.
• Most states allow parties to have limited recognition "by being named as the organization represented by the candidate in his or her nominating petition," according to the FEC.

Anderson said Musk would likely target states with tossup elections where races are typically close, like North Carolina and Georgia.

Zoom in: North Carolina's current guidelines require new parties to collect petition signatures from voters who cast ballots in the most recent general election for the state's governor and from three different congressional districts in the state.

• In total, that's just under 14,000 signatures, according to the state's requirement fact sheet.
• The party must submit the signatures to the county board of elections where the signatures were obtained.

FEC guidelines for a new political party

To become a national political party, the FEC would need to approve an advisory opinion request filed by Musk's America Party.

• The FEC has specific guidelines for organizations or parties that wish to be on national ballots and have national control over their party.
• Prospective parties have to follow federal campaign finance laws and regulations, register with the FEC and file financial reports regularly, as outlined by the FEC.

By focusing on the states, Musk's party could avoid registering with the FEC. This would allow his party to be recognized as a Section 527 political organization, which must register with the IRS but has "no dollar or source limitations," said Brett Kappel, an election lawyer.

Musk's political party name recognition

Outside of the legal requirements, Musk, already a polarizing figure, would need to mobilize media and a grassroots campaign to remind voters of the America Party, experts said.

• "This is one of the mistakes that some of the other third parties in the U.S. do where they show up for the presidential election, run a presidential candidate, don't do anything and then disappear for four years," Anderson said. "You can't do that. That's not gonna work."

Because of his deep pockets (and because super PACs can now supercharge grassroots efforts), Musk could stroll through the legal challenges and the campaigning grind.

• But getting people to remember the America Party when they hit the voting booth is what "he's gonna need to work on," Anderson said.

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