Arizona Secretary of State Files Opening Brief in Lawsuit Over Whether No Labels Could Stop Candidates in its Own Primary

On May 20, the Arizona Secretary of State filed his brief in No Labels Party v Fontes, 24-563. The issue is whether a qualified party in Arizona has a freedom of association right to block anyone from filing in its primary for offices for which the party doesn’t want any candidates. The U.S. District Court had ruled in favor of No Labels Party.

The Ninth Circuit decision in this case, when it comes, will not be in time to affect the 2024 election. But No Labels will also be on the Arizona ballot in 2026, so it might have an impact that year.

Connecticut Supreme Court Rules Candidates Who Receive Public Funding Cannot be Restricted from Criticizing Candidates in Races Other than Their Own

On May 20, the Connecticut Supreme Court issued a unanimous opinion in Moakley v State Elections Enforcement Commission. Connecticut has public funding for candidates for state office. The issue was whether the state could insist that public financed candidates refrain from using any public funding to criticize a candidate running in a race other than their own race. The state had fined several Republican state legislators for receiving public funding and then criticizing the Democratic nominee for Governor, who was running for re-election the same year.

The lower court had upheld fines levied against the Republican legislative candidates, but the lower court is now reversed.

Robert F. Kennedy, Jr.’s Party May Have a Legislative Candidate in Hawaii

Although Robert F. Kennedy, Jr., is an independent candidate, he has formed parties in a few states to help him with ballot access, including Hawaii. His We the People Party may have a candidate for the Hawaii legislature this year. Christian Ulufanua has taken out papers to be a We the People candidate for the legislature, although he hasn’t submitted them. He only needs 15 signatures.

No Labels Might Have a Candidate for the Hawaii Legislature

No Labels is a qualified party in Hawaii. Any adult citizen-resident may run in its primary for any partisan federal or state office. Candidates for statewide office and U.S. House need 25 signatures; legislative candidates need 15 signatures.

The Hawaii candidate qualification process is proceeding, and the deadline is June 4. The Hawaii Elections office website has a list of candidates who have taken out petition forms, and who has turned in a petition. Lono Mack has taken out papers to be a No Labels candidate for U.S. Senate. However, he has also taken out papers to run in the Republican primary for U.S. Senate. He hasn’t submitted any petition yet. In 2022 he had run for the legisltaure as a Democrat, but he did not win the Democratic primary.

No Labels does not appear to have asked the Hawaii Elections Office to cancel its qualified status. It participated in the drawing last month for ballot position in the primary. Hawaii holds a random drawing to determine the order of parties on the primary ballot. The Green Party won the top spot.

No Labels is in court in Arizona to keep anyone from running in its August primary for Congress or state office. It won in U.S. District Court, but the state is appealing. The state’s brief in the Ninth Circuit is due on May 20 (today). No Labels is also still in court in Delaware over its trademark lawsuit against a group with a satirical website.

Robert F. Kennedy, Jr. Pokes Fun at CNN Debate Criteria

On May 19, Robert F. Kennedy, Jr., appearing on television, pointed out that neither President Joe Biden nor former President Donald Trump are officially on any state’s ballot so far. That is because they haven’t been nominated yet, and they will not have both been nominated until late August. See this story. Of course CNN, the sponsor of the June 27 debate, considers Biden and Trump to have “qualified for the ballot in states with at least 270 electoral votes” because CNN knows it is extremely likely that they will be on the ballot.

Also Kennedy said he will be on the ballot in states with 340 electoral votes by the end of May.