2007 Supreme Court term

New York State Board of Elections, ET AL. v. Margarita Lopez Torres, ET AL. (10/3/07)

Dockets 06-766Argued
AI-generated independent summary

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

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

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.