U.S. Supreme Court Boosts the Ohio Initiative Process

On April 22, the U.S. Supreme Court ended the stay in Brown v Yost, 24A970. This is a win for the initiative process. The issue is whether Ohio violates the First Amendment by stifling initiatives before they can begin. Ohio says the petition can’t proceed until the Attorney General approves the description of the initiative that will be printed on the petition. The U.S. District Court had enjoined the system after the Ohio Attorney General rejected eight versions of the language, which wasted so much time, the initiative couldn’t be circulated.

Then the U.S.. District Court had stayed its own order. But recently, the Sixth Circuit voted 2-1 to dismiss the stay. But then on April 10 the U.S. Supreme Court had temporarily restored the stay. Now, today, the Court has ended the stay. The vote was 6-3. Justice Sam Alito, Clarence Thomas, and Brett Kavanaugh would have kept the stay in place.

New Arizona Registration Data

The Arizona Secretary of State has released April 2025 registration data. The percentages are: Republican 35.90%; Democratic 28.64%; No Labels .82%; Libertarian .7145%; Green .11%; independent and other 33.82%.

The previous tally, January 2025, had these percentages: Republican 35.93%; Democratic 28.89%; No Labels .78%; Libertarian .7139%; Green .11%; independent and other 33.59%.

It is ironic that Arizona No Labels registration continues to rise, even as everyone is waiting for the Ninth Circuit to decide whether registered members of the party will be allowed to run for office in the 2026 No Labels primary.

The April 2025 tally is the first one in which Libertarian registration hadn’t declined, since 2022.

New York Second Circuit Judges Want to Know if Law Restricting Party Names Even Relates to Petitioning Candidates

On April 21, the Second Circuit issued a one-page order in Walder v Kosinski, 25-764. The judges want both sides to address the issue, at the upcoming oral argument, as to whether the law regulating the names of qualified parties even relates to labels chosen by petitioning candidates. This seems to suggest that the judges are leaning toward the view that nothing in New York law stops Mayoral independent candidate Jim Walden from using the label “Independence.”

UPDATE: on April 22, both sides told the court that each side would like to file a brief on this question. The two sides jointly say they can file such briefs by Friday, April 25.