On April 25, the state of New York filed its supplemental brief in Walden v Kosinski, 25-764. This is the lawsuit over an independent candidate in New York may choose “Independence” as part or all of his or her ballot label. The state’s supplemental brief insists that the ban does cover all independent candidates. The Second Circuit judges had asked both sides for a supplemental brief on whether the ban just applies to the names of qualified parties, or also to ballot labels for independents.

Later on April 25, the candidate who wants to use “Independence” as his party label filed a brief, agreeing that the law does apply to him and that it won’t permit him to use “Independence”.

This case will be decided very quickly, because we are now in the petitioning period for independent candidates in New York for 2025 elections.