This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Justice Kennedy, the case examines whether New York's delegate‑selection process for judicial elections, which includes signature requirements for ballot access, raises constitutional concerns.
The parties argue that the signature thresholds (e.g., 500 signatures) are not an undue burden on candidates or delegates.
Background and question before the Court
According to Justice Kennedy, does the requirement that delegates obtain a specified number of signatures (such as 500) to appear on the ballot constitute a constitutional violation?
What each side argues
New York State Board of Elections
According to New York State Board of Elections, the Board argues that New York’s reliance on party primaries for selecting supreme court justice candidates has discouraged qualified candidates and led to costly, potentially corrupt fundraising.
According to Board of Elections, the Board contends that party members should be allowed to assemble and run a slate of candidates at the convention.
New York County Democratic Committee
According to New York County Democratic Committee, the Committee maintains that the 500‑signature requirement for delegates is not a barrier to ballot access.
What happened at oral argument
Justice Kennedy asked whether the signature requirement (e.g., 2,000 signatures in 30 days) could raise a constitutional issue.
According to Justice Breyer, justice Breyer inquired how delegates would learn about candidates’ qualifications under the statute.
According to Justice Ginsburg, justice Ginsburg questioned the extent of party autonomy when state law imposes the delegate selection system.
Justice Stevens posed a hypothetical about a statute that lets county chairmen select delegates, asking if that would be unconstitutional.
According to Justice Souter, justice Souter sought clarification on whether the burden is the difficulty of assembling a slate that can control the meeting.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 9ca7ad41f124d72bbe4e-r1-6b5f3c1d779fe28b.pdforal argument transcript
Guide generated September 22, 2026. Automated validation accepted this version.