On April 19, the Arizona Secretary of State, Adrian Fontes, a Democrat, filed this brief in Arizona Democratic Party v No Labels. The case is in Maricopa County Superior Court, cv2023-4832.
The brief defends the Secretary of State’s determination that No Labels is a qualified party in Arizona. It points out that the statute contains no provision for anyone to challenge the petition of a newly-qualifying party. It also points out that the law does not demand that affidavits from ten persons (requesting that the new party be recognized) be filed only after the petition is filed. And it makes the point that the wording of the affidavits is not spelled out in the election code.
Finally, it says that even if it were true that the affidavits should not be filed until the petition is complete, No Labels appears to have had enough valid signatures collected before the affidavits were filed.