New York ban on 'independence' in party names upheld at Second Circuit

MANHATTAN (CN) — In a win for New York’s elections board, and a loss for New York City mayoral candidate Jim Walden, the Second Circuit on Thursday upheld a state law banning the words “independence” and “independent” from ballot lines.

Walden, who’s running as an independent in the November race, challenged the law preventing him from naming his political party the “Independence Party.” He appealed after a federal judge upheld the law in April, but saw the same outcome at the circuit.

“We conclude that the district court did not abuse its discretion in denying the motion for a preliminary injunction,” U.S. Circuit Judge Eunice C. Lee, a Joe Biden appointee, wrote in Thursday’s panel ruling.

The legislation at issue, sponsored by state Senator James Skoufis and Assemblyman Jeffrey Dinowitz, was intended to address confusion among voters who intend to be independents, or unaffiliated with any party.

Walden, a former prosecutor in the Eastern District of New York from 1993 to 2002, claims the ban, which took effect on Jan. 1, 2023, violates his First and 14th Amendment rights, and that he should be permitted to use the name “Independence Party” on nominating petitions.

“There’s a long history of the major parties trying to make it difficult for the smaller parties,” Walden’s attorney John Cuti said during oral arguments in April.

Walden, who announced his candidacy last October, had not been enrolled in any political party since 2006.

The appeals court sided with the state in May, however, upholding the lower court ruling that the “Independence Ban” is a reasonable regulation of speech in a nonpublic forum. Thursday’s opinion explains that decision.

“[W]e agree with the district court’s determination that Walden is unlikely to succeed on the merits of his constitutional challenge because (1) the naming provisions do not impose a severe burden on his First Amendment rights to speech and association, and (2) the laws’ restrictions on Walden’s rights are reasonable and justified by the state’s articulated interests,” writes Lee, joined by U.S. Circuit Judge Alison Nathan, a fellow Biden appointee, and U.S. Circuit Judge Gerard Lynch, a Barack Obama appointee.

In a statement to Courthouse News, Walden said the ruling is a sign of a troubled political system.

“I respect the court considerably, but it got this one wrong. When you have political parties banning other political parties as a pretext for political control, we are in bad shape as a democracy,” he said.

Walden isn’t the only independent candidate challenging Democratic nominee Zohran Mamdani, the progressive state assemblyman who handily beat out former Governor Andrew Cuomo and Mayor Eric Adams in the June primary. Cuomo and Adams are both running as independents in a race that typically goes to the Democratic primary winner, given New York City’s heavily Democratic electorate.

On the Republican ticket is perennial mayoral candidate Curtis Sliwa, a former radio talk show host and founder of the crime-fighting volunteer group Guardian Angels.

Most citywide polls predict Mamdani taking the race by at least 10 points.

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