On July 27, Ohio Representative Jim Trakas introduced House Bill 638, which lets candidates who use the independent procedure choose a partisan label. Any short label that doesn’t mimic the name of a fully-qualified party is permitted. Thus, labels such as “Green” or “Libertarian” would be permitted. A slight majority of states already let candidates who use the independent petition method choose such a label.

Since the existing Ohio procedures for new parties are so difficult (none has qualified since 2000), minor party candidates in Ohio almost always use the independent procedure. But under the old law, their campaigns are handicapped because the appropriate party label is missing. For example, this year, both the Green Party and the Libertarian Party used the independent procedure to put their gubernatorial nominees on the November ballot. But both are stuck with the silly label “Other-party candidate”. If HB 638 passes, in the future they would have the proper label.

Meanwhile, the Libertarian Party’s lawsuit against the new party procedures is still pending in the 6th circuit. The hearing was on September 14, 2005. A decision could come at any time.

The Delaware Attorney General recently ruled that fusion is legal between a major party and a minor party. Specifically, he ruled that the state must print Karen Hartley-Nagle’s name on the Democratic primary ballot for U.S. House, even though she is already the Independent Party’s nominee for that office.

In 1994, the Delaware Attorney General had ruled that fusion between a major party and a minor party is illegal. However, in 1999, the 3rd circuit had ruled that if a state permits fusion between two major parties, it must permit it between a major and a minor party. Delaware is in the 3rd circuit. Since Delaware for some time has been permitting fusion between two minor parties, the state had no choice but to permit it between a major and minor party this year.

Karen Hartley-Nagle is a registered Democrat who had been an Independent Party nominee for the legislature in 2004. She is not expected to win the Democratic primary for U.S. House this year, but she will be on the November ballot as the Independent Party’s nominee regardless.