Judge rejects No Labels Party name change to Arizona Independent Party

PHOENIX – A judge has ruled that Secretary of State Adrian Fontes did not have the authority to let the No Labels Party change its name to the Arizona Independent Party.

In a ruling filed Wednesday, Maricopa County Superior Judge Gregory Como sided with the Arizona Citizens Clean Elections Commission, which sued to prevent the name change in December 2025.

“A majority of the commissioners were concerned that the decision the secretary had made was going to cause significant voter confusion and burden the commission and county recorders and other election officials during an election cycle that’s already well underway,” Tom Collins, Clean Elections executive director, told KTAR News 92.3 FM after the decision was filed.

With early voting in the midterm primary elections starting in just three months, Fontes said he will not appeal the ruling.

“In this case, without any statutory guidance, I acted in favor of the law as I saw it. And while I believe the party organization has particular technical authority to act, the court ruled with the voters as a whole,” he said in a statement.

“Both approaches being reasonable, the court entered an order with a lean towards the voters, not the party leaders. Considering the fast approach of the election and the challenging job election administrators have before them, we will not participate in an appeal.”

However, the legal wrangling might not be over. While Fontes was the only defendant in the lawsuit, the Arizona Independent Party has the right to appeal as an intervenor in the case.

“We are going to file a notice of appeal. We do think that the issue of independents being able to have equal access is important,” No Labels/Arizona Independent Party Chair Paul Johnson told KTAR News.

How does No Labels Party name ruling affect 2026 election?

Collins said preventing the name change would avert what he called a “nightmare scenario” of unaffiliated voters registering in the Arizona Independent Party by mistake and not being able to get the primary ballots they wanted.

“That kind of confusion would have been a problem for election administrators and voters. And so, we think that this order will stop that confusion from happening,” he said.

However, the ruling did not address another potential legal matter: What happens to the candidates who collected nominating signatures for this year’s primary election under the Arizona Independent Party banner? Monday was the filing deadline for signature petitions.

A spokesperson for Fontes indicated that the Secretary of State’s Office plans to approve any candidate who met the filing requirements by the deadline but noted that additional legal challenges are possible.

“This question will be left to the challenge process or other court proceedings,” Calli Jones, director of communications for the Secretary of State’s Office, told KTAR News in a statement. “The reality is that we have no power to address the petition issue. Our role by law is to operate as the filing officer, and we presume anyone who met the requirements at the time of filing their signatures are valid candidates.”

Johnson said his candidates aren’t hung up on the name of the party, the just want to provide an alternative to the Republican and Democratic parties.

“This is a group of people who are trying to bridge the gap between the two sides, because if we know anything for sure, here’s what it is: These two parties can’t fix the big problem we have today,” he said.

Entrepreneur Hugh Lytle, who is seeking the disputed party’s nomination for governor, said the name ruling doesn’t change anything for his campaign.

“They can argue over labels. We are focused on results. Call it No Labels. Call it Independent. It does not change who we are or what we stand for,” he said in a statement.

What is the history of the No Labels Party name dispute?

The No Labels Party of Arizona was founded in 2023. It provides independent candidates with a way to qualify for the ballot with far fewer signatures than candidates who don’t have any party affiliation.

Fontes approved the party’s request for a name change in October 2025 and issued guidance to county recorders, election directors and staff regarding implementation of the Arizona Independent Party moniker the next month.

Clean Elections, a program created by voters to promote voter education in 1998, then took legal action, arguing that Fontes didn’t have the authority to approve the name change and that using “independent” in the party name would confuse voters.

In his ruling, Como agreed that Fontes overstepped his authority and called the party’s attempted name change “a political bait and switch.”

“Arizona does not have a procedure for a party, once formally recognized, to use a different name on the ballot,” the judge wrote. “To do so, the party must complete the process of obtaining the required number of valid signatures under the name it seeks to use on the ballot. There is no other path for a party to appear on the ballot, under any name.”

KTAR News 92.3 FM’s Bill O’Neil contributed to this report.

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