Case 1:20-cv-03325-AT Document 43 Filed 05/05/20 Page 17 of 30
theoretical, correlative effect on voters.”). “[N]o litmus-paper test will separate valid ballotaccess provisions from invalid interactive speech restrictions . . . [b]ut the First Amendment
requires [courts] to be vigilant in making those judgments, to guard against undue hindrances to
political conversations and the exchange of ideas.” Buckley v. Am. Constitutional Law Found.,
Inc., 525 U.S. 182, 192 (1999) (internal quotation marks and citations omitted).
That requirement extends to primary elections like the one here. See New York State Bd.
of Elections v. Lopez Torres, 552 U.S. 196, 204 (2008) (“We have . . . acknowledged an
individual’s associational right to vote in a party primary without undue state-imposed
impediment.”). “When a state-mandated primary is used to select delegates to conventions or
nominees for office, the State is bound not to design its ballot or election processes in ways that
impose severe burdens on First Amendment rights of expression and political participation.”
Lopez Torres, 552 U.S. at 210 (Kennedy, J., concurring in the judgment). The Second Circuit
has repeatedly affirmed district court orders striking down unduly burdensome ballot access
requirements in primary elections, including presidential primaries. See, e.g., Lerman v. Bd. of
Elections in City of New York, 232 F.3d 135, 153 (2d Cir. 2000) (invalidating requirement that
witnesses for primary ballot access petitions reside in particular congressional district);
Rockefeller v. Powers (Rockefeller II), 78 F.3d 44, 45 (2d Cir. 1996) (affirming district court
order reducing number of signatures required to appear on presidential primary ballot). Voters
“have an associational right to vote in political party elections, and that right is burdened when
the state makes it more difficult for these voters to cast ballots.” Price, 540 F.3d at 108 (citations
omitted). Likewise, “candidates’ associational rights are affected, in at least some manner, when
barriers are placed before the voters that would elect these candidates to party positions.” Id.
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