In a recent twist in Arizona’s political landscape, the state’s Republican officials have joined the legal fray against a decision by Secretary of State Adrian Fontes to rename the No Labels Party as the Arizona Independent Party. This move follows a similar challenge by Arizona Democrats, highlighting the contentious nature of the name change.
The Republican National Committee and the Republican Party of Arizona initiated legal action on December 11, arguing that Secretary Fontes overstepped his bounds by approving the rebranding request from Paul Johnson, former Mayor of Phoenix. According to AZ GOP Chair Gina Swoboda, “What Secretary Fontes has approved is not the creation of a legitimate new party under Arizona law, but a unilateral rebranding effort by a small group of party insiders without voter consent and without legal authority.”
The legal challenges against the name change have been mounting, with the Arizona Citizens Clean Elections Commission filing a lawsuit citing potential voter confusion. The Arizona Democratic Party has also raised similar concerns.
Unlike their counterparts, the Republican lawsuit does not focus on voter confusion. Instead, it contends that the name change could increase competition for Republican candidates by easing the path for “independent” candidates to enter the ballot. Current regulations require unaffiliated candidates to gather more signatures than those affiliated with a party. For example, an “independent” candidate needed 42,303 signatures for the 2024 ballot, while a No Labels candidate required only 1,288.
Johnson, who now leads the No Labels/Arizona Independent Party, views this as a step towards fostering independent political voices. He remarked, “If you want to run as a Democrat or Republican, you need 6,000 signatures. If you want to run statewide as an independent, you need 45,000 signatures.”
Howard Fischer
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Capitol Media Services
The Legal Framework
The No Labels party initially qualified for political recognition in Arizona, aiming for a third-party presidential ticket for 2024. However, after those plans were shelved, national No Labels officials distanced themselves from the party, passing control to Johnson, who aims to support independent candidates under the new Arizona Independent Party.
Both Arizona Democratic and Republican parties contend that Johnson’s approach conflicts with legal procedures. They assert that Arizona law lacks provisions for a political party to simply change its name, and instead outlines a comprehensive process for establishing new parties, which includes collecting voter signatures.
The Republican lawsuit claims that by allowing the name change, Secretary Fontes has improperly facilitated the transition of No Labels supporters to the Arizona Independent Party without their explicit consent. “In that way, the secretary allowed leadership of the new Arizona Independent Party to dragoon the supporters of the No Labels Party into their own movement,” the lawsuit states.
Fontes, defending his decision, maintains that his actions are in accordance with Arizona law. “While we recognize the concern from those decrying the decision, the Secretary has followed Arizona law in recognizing the name change,” a statement from his office read.
Allegations of Procedural Missteps
Despite potential compliance with state laws, Republicans allege Secretary Fontes bypassed the Administrative Procedures Act in approving the name change. This act requires state agencies to engage in a public rule-making process, which includes publishing proposed rules and seeking public feedback.
The lawsuit claims that Fontes’s decision effectively created a new rule by redefining the process for a party name change without following proper procedures. If proven, the new rule could be nullified by the court.
