In California, a group that wants to qualify as a political body can do that, by persuading approximately 60,000 persons to register into the group. A group using that method must tell the Secretary of State that it intends to qualify. Then, the Secretary of State tells the county election officials to keep track of the number of registrants in that group.
In March 2015, the Independent Party notified the California Secretary of State that it wishes to qualify. The Secretary of State rejected the filing, on the grounds that the name “Independent Party” is too similar to the American Independent Party, which has been on the ballot since 1968. The California law says “The designated name shall not be so similar to the name of an existing party so as to mislead the voters, and shall not conflict with that of any existing party or political body that has previously filed notice.”
However, recently the California Secretary of State accepted a filing from a different group that is the “Independent California Party”, and (as reported earlier) this year the Secretary of State accepted a filing from a group called the American Freedom Party.
The Independent Party has been trying to find an attorney to sue the Secretary of State for some time.