Jim Walden, a candidate for New York City Mayor, has filed a lawsuit against New York election officials, claiming that certain provisions in the state's election laws unfairly limit his ability to run as an independent candidate.
The complaint, filed on January 6, 2025, in the United States District Court for the Eastern District of New York, names Peter S. Kosinski and other officials from the New York State Board of Elections as defendants.
The case centers on Walden's request to use the name "Independence Party" for his campaign, a term that holds historical significance in New York politics. However, recent amendments to New York Election Law § 2-124(2) prohibit political parties from using terms like "Independence" or "Independent."
Walden argues that this provision violates his First and Fourteenth Amendment rights by restricting his ability to associate with like-minded individuals under a name that reflects their political views.
Walden contends that these restrictions are part of a broader effort by state officials to suppress competition and maintain a political duopoly between the Democratic and Republican parties. He also points to previous instances of election practices that have limited the choices available to voters, including gerrymandering and actions against smaller parties.
Walden is seeking a ruling that the election law provisions are unconstitutional as applied to independent political bodies.
He requests both declaratory and injunctive relief to prevent the enforcement of these laws, which would allow him to circulate nominating petitions under his chosen party name. Additionally, Walden seeks attorney fees and other relief deemed appropriate by the court.
Representing Walden are attorneys John R. Cuti and Andrew J. Frisch of Cuti Frisch PLLC. The case is being heard under Case ID 1:25-cv-00072.