The Independent View: Independent Candidates are Losing their Label

Richard Winger of Ballot Access News did the following Research.

Independent is a very attractive Ballot Label, and Independent Candidates value their ability to have that Label next to their names. However, over the years, some States have Banned that word for Independent Candidates.

In States that won't Permit an Independent Candidate to use Independent, voters have formed Parties named Independent Party to circumvent the problem, but that isn't always allowed either.

States that don't Permit Independent Candidates to use Independent on the Ballot:

Alaska - In 2009, the State Elections Division decided that it would no longer allow Independent Candidates to have independent on the Ballot, because the Alaskan Independence Party was on the Ballot. This Party was on the Ballot since 1974, and had not asked that independent be Blocked. Richard says there is No Statutory Authority for the State's Decision, except for a vague Law that says the State should make the Ballot as clear as possible.

California - In 2012 the Legislature passed a Bill saying Independent Candidates can no longer have independent on the Ballot, unless they were Independent Presidential Candidates. Instead they have party preference: none. In 2016 the Secretary of State ruled that No Party named Independent Party> would be allowed either.

Connecticut - had let Independent Candidate choice independent until 2008, when the Independent Party pre-empted that word.

Delaware - The State has No Procedures for Independent Candidates to run until 1978. Then the 1978 Legislature said Independent Candidates are to be listed as Unaffiliated candidate. But the State permits the Independent Party to be on the Ballot, so Independent Candidates who want the label independent generally obtain the Nomination of the Independent Party.

Florida - In 1999, the Legislature Passed a Bill saying Independent Candidates could no longer have independent, and instead would have no party affiliation. However, the State Permits an Independent Party to exist, so Independent Candidates who want that Label simply file to Run in the Independent Party Primary.

Hawaii - The State had No Procedures for Independent Candidates until 1970. The 1970 Law let Independent Presidential Candidates use the Label independent, but Independent Candidates for other Offices had to be on the Ballot as Nonpartisan. However, the State permits Parties called Independent Party to get on the Ballot.

Louisiana - Always let Independent Presidential Candidates use the Label independent, but starting in 1976, Independent Candidates for other Office have No Ballot Label. However, the State permits Parties called Independent Party to get on the Ballot.

Michigan - Had No Procedure for Independent Candidates until 1976, when a Federal Court Ruled that the State had to Permit Independent Candidates. The Legislature Refused to Enact such Procedures until 1988. During the period between 1876 and 1986, Independent Candidates who wanted to be on the Ballot did so by going to Court, and they were permitted to have the Label independent. However, the 1988 Law which finally set up Procedures for Independents said they could only have the Label No party affiliation.

Nebraska - In 1897, the Legislature Passed a Law saying that Independent Candidates could only have the Label By petition.

Nevada - Had always let Independent Candidates use independent until 2015, when a Bill Passed saying they could only use No political party.

New York - Had always let Independent Candidates use independent until 1994, when the Independence Party became Qualified. Ever since, no one can use independent because the State feels to do so would cause confusion with the Independence Party. For Independent Registered Voters, the State records them as Blank.

North Carolina - Had always let Independent Candidates use independent until 1977, when the Law was changed to require Unaffiliated. However, the State lets Groups to place a Party on the Ballot called Independent Party.

Ohio - Had always allowed independent until 1951, when the Law was changed to provide to provide that they could have No Ballot Label. This Policy was held Unconstitutional in 1988, so the State said they could use no party candidate if they wish.

Oregon - Had always let Independent Candidates choice Independent until 2005, when the Law was changed to Require Nonaffiliated instead. However the State permits a Party to be called the Independent Party.

South Carolina - The State has always provided that Independent Candidates should have the Label Petition. However, the State lets parties use the name Independent Party.

Utah - Independent Candidates could use independent until 2009, when the Law was changed to Require them to use Unaffiliated.