On March 30, U.S. District Court Judge Otis Wright denied injunctive relief to Michael Chamness, a candidate for U.S. House in the May 2011 special election, 36th district. His 19-page order is here. He said that there is not enough evidence that Chamness is injured by the state’s failure to let him have his party on the ballot, and also not enough evidence that Chamness is injured by not being allowed “Independent” either.
No precedent supports the idea that “independent” can be banned for candidates who seek that label. The 6th circuit, and the Supreme Courts of Massachusetts and Minnesota, have all ruled in the past that “independent” cannot be banned from the ballot. The case is Chamness v Bowen, U.S. District Court, Los Angeles, 2:11-cv-1479. Chamness will appeal to the 9th circuit.