This year, Alabama and Oklahoma are the only two states in which no party labels will appear on any ballot in November for any partisan office, except “Republican” and “Democratic.” Lawsuits against the ballot access laws of both states are pending and may get decisions in 2013. In both instances, the U.S. District Court refused injunctive relief, but declaratory relief is yet to be decided.
In Oklahoma the plaintiffs are the Green and Libertarian Parties. In Alabama the plaintiffs are the Constitution, Green, and Libertarian Parties. Both states have petition deadlines for newly-qualifying parties in March. There are no precedents that uphold such an early deadline for newly-qualifying parties.