New York Candidate Files Brief in His Lawsuit Over Ban on “Independence” as a Party Label

On February 17, Jim Walden filed this brief in Walden v Kosinski, e.d., 1:25cv-72. This is the lawsuit filed by an independent candidate for Mayor of New York City. He wants his ballot label to be “Independence”. New York in general permits independent candidates to choose a partisan label for the ballot. But a new law forbids any qualified party from having the word “Independence” in its name. Walden challenges that law on First Amendment grounds.

The New York City Board of Elections has notified the court that it takes no position, so it will be up to the New York State Board to defend the law.

Idaho Bill to Require That Any Person Who Spends Any Amount of Money on Speech Advocating Election of a Candidate Must Identify Self

The Idaho House State Affairs Committee has introduced HB 259. It says that any person who spends any amount of money whatsoever for a message advocating the election or defeat of any candidate, or any ballot measure, must identify the person responsible for the mssage. Furthermore, the political party of the person responsible for the message must be disclosed.

The bill covers newspapers, magazines, websites, text messages, yard signs, bumper stickers, pamphlets, display cards, posters, and buttons.
Here is the text.

The bill appears to be unconstitutional under the 1995 U.S. Supreme Court decision McIntyre v Ohio Election Commission.

North Dakota Bill to Establish Voter Registration is Defeated

On February 14, the North Dakota House Government and Veterans Affairs Committee defeated HB 1287, which would have set up voter registration. North Dakota is the only state without voter registration. The Secretary of State had opposed the bill, saying it is expensive, bad for voters, and unnecessary. When people vote in North Dakota, they simply show ID that contains their address.

Wyoming Bill for Party Labels in School Board Races Advances

On February 6, the Wyoming Senate passed SF 98, which says that in school board races, the party affiliation of each candidate should be listed. On February 12, the Wyoming House Corporations Committee also passed it.

There would be no party nominees in school board races, so the labels don’t mean that the party approves of any particular candidate.

Wyoming doesn’t permit voters to register into non-qualified parties. The voter registration form doesn’t have a blank line for party choice; it just has checkboxes for the qualified parties, plus a box to register as independent.