Half the states let a candidate who uses the independent candidate procedure choose a party label, which is printed on the November ballot next to the candidate’s name. Generally, the law requires that the chosen label can’t mimic the name of a fully qualified party. State law also usually requires that the label must not be too long. But, generally, those are the only restrictions, except that most states also provide some means to settle the rare problem of what happens when two different candidates for the same office choose the same label.

This year, two candidates for the same office in Red Hook, New York, both filed independent candidate petitions using the label “Red Hook United.” Each is running for Town Board. New York state law says that the first candidate to file gets title to the label. This year, in Red Hook, Robert Latimer and Robert McKeon each was aware that they both wanted the same label. Latimer therefore appeared at the office of the Board of Elections on August 12, the first day for filing. He arrived early, before the office opened at 9 a.m., so that he was first in line. However, when the office opened to the public, an employee of the Board cut in line in front of him, saying since she had been in the office since 7:30 a.m. (before the office was open to the public), she should go first. She then filed McKeon’s petition. The Dutchess County Board of Elections ruled that Latimer’s petition should be deemed to have been filed first. McKeon sued. But on September 30, the two candidates settled the dispute. McKeon may have the label “Red Hook United” and Latimer is free to choose another label.

“Red Hook United” is not just a label; it is the name of an actual political party that only exists in Red Hook. McKeon helped found the party. McKeon is also the Democratic nominee; Latimer is also the Republican, Conservative, and Independence Party nominee.