On February 7, this reply brief was filed in Meadors v Erie County Board of Elections, 23-1054. This is the lawsuit over New York’s May petition deadline for independent candidates. In 2019 the New York legislature had changed that deadline from August to May. The case was filed in 2021 by supporters of Buffalo Mayor Byron Brown, who submitted an independent candidate petition in July after he lost the primary in June. New York allows “sore losers”. But the Defendants say the early deadline is an indirect way to stop “sore losers”.

The reply brief points out that the U.S. Supreme Court struck down Ohio’s independent candidate deadline in 1983 in Anderson v Celebrezze, even though the plaintiff in that case, John B. Anderson, was also a “sore loser”. The U.S. Supreme Court said in that case that early deadlines injure voters who otherwise might support an independent after the major parties have nominated their candidates, and that state deadllines must give voters a chance to do that, regardless of whether the independent candidate is a “sore loser” or not.

No Labels is currently suing a copy-cat website called “NoLabels.com Inc.” for trademark infringement. The case is in U.S. District Court in Delaware, case number 1:23cv-01384. On February 7, the Special Master who is handling discovery for the court issued an order as to what documents must be produced by No Labels. See the 12-page order here.

No Labels must reveal documents that show the relationship between the national No Labels group and the “state-affiliated entities”, that is, the ballot-qualified state parties. The Defendants are especially interested in the relationship with the Arizona, Florida, and North Carolina ballot-qualified No Labels Parties.

No Labels must also produce correspondence with potential presidential and vice-presidential candidates that relates to use or control of the trademark. However, No Labels need not identify any such candidates, so the documents will presumably be partially redacted.

No Labels must produce documents relating to trademark that are in the custody of the state parties but which are not in the national No Labels files.

Finally, No Labels must produce copies of statements by its leaders, in talking points, scripts, memoranda, advertising, or marketing,that bear on its trademark.

Other discovery requests by both sides are pending. No Labels wants to take the Deposition of some of the people who organized the NoLabels.com website, and the other side wants to depose leaders of the state No Labels Parties’ officers, at least in Arizona, Florida, and North Carolina.