16-244. Representation on ballot

A. To be eligible to participate in the presidential preference election, a political party shall be either of the following:

1. A political party that is entitled to continued representation on the state ballot pursuant to section 16-804.

2. A new political party that has become eligible for recognition and that will be represented by an official party ballot pursuant to section 16-801. A petition for recognition of a new political party shall be filed with the secretary of state not less than one hundred fifty nor more than one hundred eighty days before the presidential preference election, and in the same manner as prescribed in section 16-801. The petition shall be processed and verified as prescribed in section 16-803. A political party that is eligible for the presidential preference election ballot shall be represented on the subsequent primary and general election ballots in the year of the presidential election.

B. Notwithstanding the provisions of section 16-804, subsection A, the secretary of state shall determine the political parties entitled to continued representation on the state ballot pursuant to section 16-804, subsection B if, on October 1 of the year immediately preceding the presidential preference election, that party has registered voters equal to at least two-thirds of one per cent of the total number of registered voters in this state. Each county recorder shall furnish the secretary of state with the number of registered voters as prescribed by section 16-168, subsection G, paragraph 2, subdivision (d).