In New York an independent group that gets on the ballot cannot have a name that is similar to or confusing with an existing political party; so the "Democrat" party wouldn't pass muster. In the Maryland example, did the Court give equal weight to the issue of name confusion and the issue of lack of organization; in other words, does the decision have precedential value on the issue of name confusion? Thx.
Jerry H. Goldfeder
Stroock & Stroock & Lavan LLP
180 Maiden Lane
New York, NY 10038
212 806 5857
917 680 3132
jgoldfeder@stroock.com
www.stroock.com/goldfeder
----- Original Message -----
From: Michael McDonald [mailto:mmcdon@gmu.edu]
Sent: Saturday, April 09, 2011 07:43 PM
To: election-law@mailman.lls.edu <election-law@mailman.lls.edu>
Subject: Re: [EL] Banning political parties
The Maryland Electoral Board disbanded the similarly named Independent
Party. The rational, as I recall, was that there was no real organization to
the party and that the name was confusing people who thought they were
registering as an independent, unaffiliated with any party.
I hate to give anyone any ideas, but image if someone started the Democrat
Party with the purpose to confuse it with the Democratic Party. Would that
be acceptable?
============
Dr. Michael P. McDonald
Associate Professor, George Mason University
Non-Resident Senior Fellow, Brookings Institution
Mailing address:
(o) 703-993-4191 George Mason University
(f) 703-993-1399 Dept. of Public and International Affairs
mmcdon@gmu.edu 4400 University Drive - 3F4
http://elections.gmu.edu Fairfax, VA 22030-4444
From: election-law-bounces@mailman.lls.edu
[mailto:election-law-bounces@mailman.lls.edu] On Behalf Of Salvador Peralta
Sent: Saturday, April 09, 2011 5:46 PM
To: election-law@mailman.lls.edu
Subject: [EL] Banning political parties
Can anyone on the list point me to instances where a state or the federal
government has banned a political party?
_______________________________________________
election-law mailing list
election-law@mailman.lls.edu
http://mailman.lls.edu/mailman/listinfo/election-law
IRS Circular 230
Disclosure: To ensure compliance with requirements imposed by the IRS in Circular 230, we inform you that any tax
advice contained in this communication (including any attachment that does not explicitly state otherwise) is not
intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal
Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
_______________________________________________
election-law mailing list
election-law@mailman.lls.edu
http://mailman.lls.edu/mailman/listinfo/election-law