On November 20, the Arizona Secretary of State filed this brief in No Labels Party v Fontes, 2:23cv-2172. This is the case over whether anyone may file in the No Labels primary to run for Congress or partisan state office. The law of Arizona says members of any qualified party may file in their own party’s primary. No Labels does not want anyone in Arizona or any other state running for Congress or state office. No Labels filed the lawsuit, seeking a court order to bar candidates from filing in its August 2024 primary for any office.
The Secretary of State’s brief repeatedly stresses that No Labels was free to have placed its eventual presidential nominee on the general election ballot using the independent petition method. Arizona is one of the 25 states that lets independent candidates choose a ballot label other than just “independent”, and the secretary stresses that the No Labels presidential candidate, with the independent procedure, would have been free to have “No Labels” next to his or her name.