The Ninth Circuit has told attorneys on both sides in Independent Party v Padilla that it wishes to hold oral argument in October. The exact date of the hearing will be determined after the attorneys let the court clerk know their availability. The case is 16-15895. The lawsuit challenges the California Secretary of State’s determination that the Independent Party cannot register itself as a political body, because the name is too similar to the already-existing California party called the American Independent Party.
Because the Secretary of State has never accepted the Independent Party’s political body status, no one knows how many registered voters the Independent Party has. If it has as many as approximately 65,000, then it would qualify as a political party.
Ballot-qualified parties named the Independent Party exist, or have existed sometime in the last 40 years, in Arkansas, Connecticut, Delaware, Florida, Hawaii, Louisiana, Maryland, New Mexico, North Carolina, Oregon, South Carolina, and Utah.