Arizona Judge Rejects Challenge From Democrats to Keep Third Party Off 2024 Ballot

An Arizona judge has rejected the Democratic Party’s lawsuit targeting the recently created No Labels Party.
Arizona Judge Rejects Challenge From Democrats to Keep Third Party Off 2024 Ballot
Voters wait to cast their midterm election ballots at Burton Barr Library, a polling station in Phoenix, Ariz., on Nov. 6, 2018. (Nicole Neri/Reuters)
Jack Phillips
8/11/2023
Updated:
8/11/2023
0:00

An Arizona judge has rejected the Democratic Party’s lawsuit targeting the recently created No Labels Party, which many Democrats fear will boost former President Donald Trump’s bid to return to the White House.

Secretary of State Adrian Fontes recognized No Labels, which leans centrist, as a political party earlier this year, Maricopa County Superior Court Judge Katherine Cooper wrote in a decision that was issued on Monday. Judge Cooper rejected Democrat claims that there were deficiencies in the paperwork No Labels filed but said she may allow Democrats to refile the lawsuit with new arguments.

No Labels says it is seeking ballot access in many states and will run a bipartisan “unity ticket” for president “if the two parties select unreasonably divisive presidential nominees.”

Group leaders say they’ll stand down if there’s not a clear path to victory. Democrats and anti-Trump Republicans worry a No Labels candidate couldn’t win but would tip the scales in favor of Trump or a Trump-like Republican.

No Labels has also gained ballot access in states including Alaska, Colorado, and Oregon, but the stakes are especially high in Arizona, a battleground state that President Joe Biden won in 2020 by a little over 10,000 votes, less than half a percentage point. Biden won two other states by less than one percentage point.

In the case, Democrats argued that a signed petition to get No Labels on the Arizona ballot didn’t use the right phrasing and said it could mislead individuals.

Democrats claimed that it should have said that “the signers thereof be recognized as a new political party,” but instead said, “the assigners of the attached petitions,” according to reports. The judge ultimately ruled that “there is no statutory requirement that the affidavit use these exact words.”

“This is an important win for American democracy and a testament to the power of over 41,000 Arizona voters who signed to give No Labels ballot access in Arizona,” No Labels leaders Benjamin Chavis Jr. and Jay Nixon said in a statement after Judge Cooper’s ruling was handed down.

When the Democrats in Arizona filed their lawsuit against No Labels, a spokesperson said the new party is “not following the rules for political party recognition, while attempting to be placed on the ballot alongside actual, functioning political parties who do,” adding, “Arizonans deserve better and voters deserve to know who is behind this shadowy organization and what potentially nefarious agenda they are pushing.”

They contended that the party has not properly registered or reported its donors as a political party in Arizona, claiming it failed to adhere to state laws.

“In both cases, No Labels has refused to follow the rules that a political party must follow as they continue to try to game the system to advance their dark money special interests at the expense of Arizonans,” said a news release from Arizona Democrats last month. “Once again, [the Arizona Democratic Party] is acting to ensure that Arizonans are protected from these out of state dark money groups seeking to intervene in our state’s electoral process with no accountability or transparency.”

The Arizona Democratic Party has separately filed a complaint with the secretary of state’s office looking to force No Labels to disclose its donors or lose its status as a political party.

“We are, as always, evaluating all of our options and will continue to fight to protect Arizonans’ right to know who is bankrolling this organization as they inject themselves into our elections,” said Morgan Dick, executive director of the Arizona Democratic Party.

Sen. Joe Manchin (D-W.V.), Chairman of the Senate Energy and Natural Resources Committee, presides over a hearing in Washington on Feb. 16, 2023. (Kevin Dietsch/Getty Images)
Sen. Joe Manchin (D-W.V.), Chairman of the Senate Energy and Natural Resources Committee, presides over a hearing in Washington on Feb. 16, 2023. (Kevin Dietsch/Getty Images)
Also this week, Democratic strategist James Carville told The Hill that he is skeptical of No Labels’ intentions. “No Labels is my favorite,” he said. “They won’t tell you where their money comes from; they say they’re funded by undisclosed corporate dark money. And they won’t take a position on anything. But yet they’re offering the American people something new and fresh.”

It’s unclear what presidential candidate the group might tap for 2024, but it plans to hold a nominating convention in April if it can move forward with a third-party ticket. Some have suggested that Sen. Joe Manchin (D-W.Va.) could become a contender for the 2024 ticket, with the West Virginia senator recently saying that he may leave the Democratic Party.

“I’m thinking seriously,” Mr. Manchin told radio host Hoppy Kercheval about leaving the Democratic Party this week. “I have to have peace of mind, basically. The brand has become so bad. The D brand and R brand ... you’ve heard me say a million times, I am not a Washington Democrat.”

When asked about his plans, Mr. Manchin stated he has “been thinking about that for quite some time” and wants to “make sure that my voice is truly an independent voice.” However, he hasn’t “made any decisions” about his future.

In Arizona, Sen. Kyrsten Sinema (I-Ariz.) in December announced she was leaving the Democratic Party to become an independent, possibly pitting her against Republican Kari Lake and Rep. Reuben Gallego (D-Ariz.) for the Arizona Senate seat in 2024.

The Associated Press contributed to this report.
Jack Phillips is a breaking news reporter with 15 years experience who started as a local New York City reporter. Having joined The Epoch Times' news team in 2009, Jack was born and raised near Modesto in California's Central Valley. Follow him on X: https://twitter.com/jackphillips5
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