But another presidential candidate is out of jail tonight.
Police arrested Green Party candidate Jill Stein and her running mate, Cheri Honkala, outside Hofstra University last night as they protested rules barring Stein from debating with Romney and Obama.
They're facing charges for disorderly conduct and have a court date set for November eighth.
The Commission on Presidential Debates stipulates to participate, a candidate must receive the support of at least 15 percent of the national electorate as determined by five selected national public opinion polling groups.
Stein is polling around three percent.
Her name will appear on 85% of the ballots in November.