On November 23, the Third Circuit upheld a 1944 New Jersey law that says if a candidate on a primary ballot mentions an individual or a group in his or her ballot label, the candidate must get permission from that individual or group. Mazo v New Jersey Secretary of State, 21-2630. Here is the decision.
New Jersey is the only state that lets primary candidates choose a ballot label (except that California lets all candidates have their occupation on the ballot). The label can be up to six words. But if the label mentions a group, that group must give permission to the candidate. Similarly, if the label mentions an individual, the named individual must give permission.
The decision is by Judge Cheryl Ann Krause, an Obama appointee. It is also signed by Judge Jane Roth, a Bush Sr. appointee; and Judge Patty Shwartz, an Obama appointee. The decision is in conflict with a First Circuit decision, Libertarian Party of New Hampshire v Gardner, 638 F 3d 6 (2011), which says that if a general election candidate wants a ballot label that mentions the name of an unqualified party, he or she may have that label, regardless of the wishes of that political party.