I asked her whether No Labels should be required to register as a political party.
If No Labels fields candidates, it should register as a political party. It has the basic structure of a modern electoral organization, with leaders, data and campaign analysts, fund-raisers, and volunteers. If it is going to use this organization to support candidates running with its label, it is functionally a party — and needs to be subject to the same rules and regulations as the other parties.
A No Labels candidate, Kuo continued,
will likely serve as a spoiler in what is shaping up to be a very tight race between President Biden and former President Trump. Given where No Labels is trying to position itself on the partisan spectrum, it is very likely that its candidate would draw votes from President Biden, rather than Donald Trump — with grave consequences for American democracy.
Seth Masket, a political scientist at the University of Denver, argued that
as long as this ticket is on the ballot in some competitive states, it can still have a substantial impact. Even if it only pulls 1 percent of the vote or so, it matters a great deal whether it pulls more from the Democrats or the Republicans in states like Arizona, Wisconsin, and Georgia. It could end up changing the outcome of the election even without winning very many votes.
The failure to disclose donors has been a sticking point. I asked Fred Wertheimer, the founder and president of Democracy 21, a campaign-finance reform organization, for his assessment. “In my view,” he replied, “when No Labels started qualifying in various states to be on the ballot to run a presidential candidate they were functioning as a political organization under I.R.S. law and should have registered as such under section 527 of the I.R.S. Code and disclosed their donors.”
It is, Wertheimer continued, “an oxymoron to be a nonprofit group operating under section 501(c) (4) and at the same time operate as a political party to run a candidate for president.”
None of the experts I contacted voiced support for the No Labels endeavor, and some, especially Gary Jacobson, a political scientist at the University of California-San Diego, (no relation to Nancy Jacobson), were harsh in their criticism:
I don’t anticipate anything positive coming out of their efforts. If they nominate someone plausibly characterized as a centrist, I think he or she would take more votes from Biden than from Trump, for their positions would overlap more with Biden’s than with Trump’s.
He went on:
The whole idea of No Labels is weird. The value of the party label for most voters is to give them a pretty clear sign of where they stand on a range of issues. No Labels seems to have an agenda consisting of ideas for policy compromises in the areas of immigration, the economy, medical care, and Social Security, avoiding social issues such as abortion or L.G.B.T.Q. rights. Presumably, that’s what the No Labels label would tell voters about the positions of any candidate the organization supported. If so, it would be a label. Otherwise, it just means “None of the above.”