Case 1:20-cv-03325-AT Document 43 Filed 05/05/20 Page 21 of 30 pique, or personal quarrels.” Burdick, 504 U.S. at 438 (internal quotation marks, citation, and alterations omitted). But that impression falls away upon closer examination. Although the names of the various presidential candidates are the ones that appear on the ballot, the primary actually results in the election of delegates to the Convention. In Rockefeller I, 74 F.3d at 1379–80, the Second Circuit explained that even though New York’s primary system is “seen widely as a unitary state presidential primary,” the primary in fact consists of a set of separate elections in each congressional district for delegates: Although popular attention may well focus on the number of delegates pledged to each candidate at the convention, the delegates themselves will also cast votes on platform issues and issues of party governance. No doubt, the chief purpose of many voters will be to send a message on presidential candidates. But that does not mean that we must treat these . . . elections as if they were a straw poll. In short, registered [party members] in each district will be electing a slate of . . . people who are pledged to vote for a particular candidate, who may be freed to vote for anyone, and who will vote at the convention on other issues as well. Id. at 1380 (emphasis added). As a consequence, the removal of presidential contenders from the primary ballot not only deprived those candidates of the chance to garner votes for the Democratic Party’s nomination, but also deprived their pledged delegates of the opportunity to run for a position where they could influence the party platform, vote on party governance issues, pressure the eventual nominee on matters of personnel or policy, and react to unexpected developments at the Convention. And it deprived Democratic voters of the opportunity to elect delegates who could push their point of view in that forum. Delegate Plaintiffs, who had planned to compete in the primary, express a strong continuing interest in doing so if given the chance, and affirm that they have made significant personal sacrifices for the opportunity. Compl. ¶¶ 6, 56, 59; see Herzog 21

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