By Howard Fischer
Mail | X: @azcapmedia

PHOENIX - Ignoring threats to be sued themselves, members of the Citizens Clean Elections Commission voted Friday to go to court to block the No Labels Party from rebranding itself as the Arizona Independent Party.

On a 4-1 margin the panel voted to challenge the decision last month by Secretary of State Adrian Fontes to permit the change in name. Commission members have contended the name change is not only illegal but could confuse people who, when registering to vote, want to be truly independent of any party but find themselves signed up with the Arizona Independent Party.

That concern drew derision from Paul Johnson who chairs the newly renamed party. He said the purpose of the party is to provide a home for independents who believe they are not represented by either of the two major parties.

He said by having such a party - and naming it that way - it makes it easier for independents to actually run for office.

That's because someone running for statewide office as a true independent - meaning unaffiliated with any party - needs about 45,000 signatures to get on the general election ballot; it takes only about 6,000 to try to become the nominee for the Republican or Democratic party. And it would take far less to vie to be the nominee of the Arizona Independent Party.

And Johnson accused the commission of doing the bidding of the two major parties who want to continue to make it more difficult for independents to run for office, get on the general election ballot -and compete for votes.

"This is lawfare by candidates and by parties who don't want the 35% of the people who are independent to be able to participate," he said.

And Johnson, backed by attorneys representing the Arizona Independent Party, said if the commission goes ahead with the lawsuit they will be fighting not just Fontes.

"We're going to follow our constitutional rights," he said.

"And we're going to make a fight out of this,'" Johnson continued. "We're not going to just walk away from it."

Fontes, however, believes the law is on his side.

"The Secretary (of State's) Office has no authority to block a party from changing its name if it chooses to do so," said Fontes press aide Calli Jones. She said that constitutional rights of free speech, free association and equal protection apparently provide such protection.

And Jones said this isn't about protecting political parties, even with Fontes as a Democrat seeking reelection next year.

"We are a neutral filing office," she said. "And we will always interpret the law objectively and treat political parties fairly."

But Tom Collins, the commission's executive director, said that ignores the possibility of voter confusion.

"The name they chose has a pre-defined use in Arizona law,'" he said.

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