New York State Board of Elections v. Torres
Issues
Does New York's system of selecting judicial nominees violate the First Amendment rights of the candidates and their supporters, and if so, did the District Court violate the principals of judicial restraint and respect for legislative intent by ordering that judicial nominations be determined by primary?
Margarita Lopez Torres, nine other judicial candidates, and voters sued the New York State Board of Elections in federal court, claiming that state election laws regulating judicial elections violated the First Amendment rights of party members and candidates. Torres claimed that the state-mandated system by which parties elect nominees makes it impossible, in practice, for candidates without party backing to gain access to the party nomination ballot. In particular, Torres argued that the system enables party leaders to exert control over the nomination process, creating an environment ripe for abuse of judicial independence. As an example of such abuses, Torres offered her experiences as a judicial candidate: despite enjoying popular support in civil court elections, she failed in multiple district elections to receive the nomination of her party after refusing to follow the demands of party leaders.
After reviewing evidence of the lack of competitive elections and the difficulty of gaining access to the nomination ballot without party support, the Eastern District of New York agreed that New York's election laws violated the First Amendment associational rights of voters and candidates. The district granted a preliminary injunction mandating primary elections for party voters to select candidates. The Second Circuit affirmed, ruling that the District Court had acted within its discretion. The New York State Board of Elections ("New York State Board") now appeals, arguing that political parties' First Amendment rights are infringed by the lower courts' holding. The New York State Board further argues that the district court's remedy violates the First Amendment rights of political parties to control their intra-party nomination process. At issue in this case are the competing First Amendment rights of party members, candidates, and political parties during a party's candidate selection process. The Supreme Court decision will better define the scope of these rights in a unique situation: an intra-party nomination convention that is mandated and closely regulated by state law.
Questions as Framed for the Court by the Parties
One Judicial Candidate's Electoral Experience
During her tenure, New York civil court judge Margarita L�pez Torres refused to hire individuals recommended to her by local Democratic party leaders. Brief for Margarita L�pez Torres et al., at 12-13 ("Brief for Torres"). Party leaders explicitly told her that her refusal would have consequences if she ran for Supreme Court Justice, essentially stating that party leaders controlled the nomination process.&
Additional Resources
- Brennan Center for Justice: Lopez Torres v. NYS Board of Elections
- First Amendment Center: "High Court to Revisit Primary Election Politics" by Tony Mauro
- Medill School of Journalism: New York Board of Elections et al. v. Margarita Lopez Torres et al.
- "Supreme Court to Review N.Y. Judicial Selection Process" by The Associated Press
- Election Law @ Moritz: Lopez Torres v. New York State Board of Elections