Federal Judge Lets American Solidarity Party Challenge California Ballot Party Labels

On October 23, 2026, Senior U.S. District Judge Maxine M. Chesney in San Francisco denied a motion to dismiss a lawsuit filed by the American Solidarity Party. The case argues that California’s practice of labeling minor‑party candidates as “Party Preference: None” misleads voters because the candidates actually belong to a recognized party.

Judge’s Concern Over Misleading Labels

Judge Chesney said that showing “Party Preference: None” next to a candidate who has a clear party affiliation could confuse voters. She asked, “Why no preference? Why couldn’t they say something else?” and noted that an incorrect statement on the ballot is a serious concern.

How California Ballots Currently Work

California limits party labels on ballots to six recognized parties: Democratic, Republican, American Independent, Green, Libertarian and Peace and Freedom. Any candidate not affiliated with one of those parties appears with the label “Party Preference: None.” The state also uses a top‑two primary, sometimes called a “jungle” primary, where all candidates run together and the two highest vote‑getters advance to the general election, even if they are from the same party. Write‑in votes are not permitted.

What the Lawsuit Seeks

The American Solidarity Party, represented by attorney David Schoen, wants its candidates listed with the party’s name instead of “None.” Schoen called the current labeling “false” and a “very serious problem” because it does not reflect the candidates’ true affiliation.

Procedural Status and Next Steps

Earlier this year, Judge Chesney dismissed the broader constitutional challenge to the top‑two primary system but gave the plaintiffs leave to amend their complaint on a few issues, including the party‑label question. The judge’s recent order means the claim survives, but the parties must file an amended pleading that addresses the concerns raised. No deadline was set in the order, but the case will continue to move forward in federal court.

Impact on Voters and Candidates

If the court eventually orders that minor‑party candidates be listed with their actual party name, voters could see clearer information on the ballot, which may affect how they choose candidates in both the primary and general elections. Until a final ruling, ballots will continue to show “Party Preference: None” for all non‑recognized parties.

When Consulting an Attorney May Help

Anyone who believes a ballot label misrepresents a candidate’s affiliation, or who is involved in a similar election‑law dispute, may want to speak with an attorney to understand filing requirements and potential remedies.

This article is general information based on Courthouse News Service and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published October 23, 2026.