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New York State Board of Elections v. Lopez Torres
''N.Y. State Bd. of Elections v. Lopez Torres'' was a case decided by the United States Supreme Court that involved a constitutional challenge brought against New York State's judicial election law, alleging that it unfairly prevented candidates from obtaining access to the ballot. The Supreme Court rejected this challenge and held that the state's election laws did not infringe upon candidates' First Amendment associational rights. Several concurring justices emphasized, however, that their decision reflected only the constitutionality of the state's election system, and not its wisdom or merit.
==The New York state judicial election process==
In New York, political party judicial candidates for the Supreme Courts (the state's general jurisdiction trial court) are elected through a three-part scheme that involves a primary election, a nominating convention, and a general election. Independent candidates need only meet general signature requirements to obtain a place on the general ballot.
During the primary election, judicial delegates (not candidates) are elected by the parties' rank and file members for each assembly district. The chosen delegates are then sent to the judicial convention for the judicial district in which the assembly district is located. (The state is split into twelve judicial districts, each having up to several dozen assembly districts.) The judicial delegates vote for their parties' judicial nominees, whose names then appear on the general ballot.
A person seeking a political party judicial nomination, accordingly, must assemble a delegate (or group of delegates, who run together) for each assembly district in her judicial district. She must collect separate signatures in each assembly district to get her delegate(s) onto the primary ballot, and because delegate nominees cannot disclose which candidate they are affiliated with, she must also mount separate voter education campaigns in each assembly district to explain to the voters which delegates are representing her. After being elected, the delegates can theoretically choose any judicial candidate they wish, but the short timeframe between the primary election and the convention (about two weeks) and the overriding influence of the party establishment mean that delegates typically do not exercise independent judgment in choosing which candidates to support. Realistically, the process is simply too onerous for candidates without significant financial resources or the support of their political party's apparatus.〔Lopez Torrez v. N.Y. State Bd. of Elections, 462 F.3d 161, 171-178 (2d Cir. 2006), overruled 552 U.S. 196.〕〔''See also '' Norman L. Greene, (''Advancing the Rule of Law Through Judicial Selection Reform: Is the New York Court of Appeals Judicial Selection Process the Least of Our Concerns in New York?'' ), 72 Alb. L. Rev. 633, 645-6464 (2009).〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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