As I highlighted last month, I am deeply skeptical of any third political party venture that purports to represent some middle-of-the-road interests in the United States. Rick P. rightly asks some questions about the party now quasi-“officially” launched by Elon Musk, the “America Party.” But one problem with this new party will be its name.

New York, for instance, expressly prohibits a political party from having “American” or part of that name in a party title.

California has a provision that provides, “The designated name shall not be so similar to the name of an existing party so as to mislead the voters, and shall not conflict with that of any existing party or political body that has previously filed notice pursuant to subdivision (b).” The American Independent Party is ballot-recognized in the state of California.

These are just two state ballot label laws that jump to mind where problems might arise. And while there might be “ballot speech” interests in how political parties choose to identify themselves, there are more material problems if they risk voter confusion with names substantially similar to existing parties. (UPDATE: Richard Winger helpfully reached out to note that Americans Elect had a candidate on the California ballot in 2014, an argument that the risk of voter confusion seems unlikely. Likewise, in 1896 the California Supreme Court allowed the National Democratic Party and the Democratic Party on the ballot.)

Of course, political parties do use different names in different states (think the Democratic-Farmer-Labor Party in Minnesota for the Democratic Party). But for a nascent political party, the branding is certainly weakened if it relies on checkerboard labels in some parts of the United States.