The Lopez case is important and highly relevant. Please look at it instead of bickering with lawdida.
http://en.wikipedia.org/wiki/New_York_State_Board_of_Elections_v._Lopez_Torres
Margarita Lopez Torres received the Democratic Party nomination and was elected to the civil court for Kings County in 1992, becoming the first Latina to be elected to the court.
However, she allegedly fell out of favor with local party leaders shortly thereafter for refusing to make patronage hires. As a result, she claimed that
party leaders refused to support her candidacy for the Supreme Court in 1997, 2002, and 2003. Lopez Torres, along with similarly situated candidates, their supporters, and the public interest group Common Cause, brought suit in federal court against the state Board of Elections, claiming that the nomination system deprived voters and their candidates of their rights to gain access to the ballot and to associate in their parties' primaries.
The District Court for the Eastern District of New York and the Second Circuit held in favor of Lopez Torres, finding that the voters and candidates possessed a First Amendment right to a "'realistic opportunity to participate in [a political party's] nominating process, and to do so free from burdens that are both severe and unnecessary.' New York's electoral law violated that right because of the quantity of signatures and delegate recruits required to obtain a Supreme Court nomination at a judicial convention..., and because of the apparent reality that party leaders can control delegates...."
A nearly unanimous court in "Lopez Torres"
overruled the Second Circuit and upheld the constitutionality of New York's judicial election system. The Court explained that although a political party has a First Amendment associational right to choose its candidates, that right is circumscribed when the party is given a role in the state's election process. Parties that are formally involved in the election process, for example, may be required to comply with a primary process and may be prohibited from maintaining racially discriminatory policies (which could become impermissible state action).
However, the Court explained, the political parties' associational rights were not at issue in the case; rather, the "weapon wielded by these plaintiffs is their own claimed associational right not only to join, but to have a certain degree of influence in, the party." In refusing to acknowledge the existence of such a right, the Court explained that nothing in the law prohibited the candidates from attending the convention and lobbying the delegates, and nothing in the law compelled the delegates to vote for their parties' preferred candidates. As the Court explained, "Our cases invalidating ballot-access requirements have focused on the requirements themselves, and not on the manner in which political actors function under those requirements. . . . None of our cases establishes an individual's constitutional right to have a 'fair shot' at winning the party's nomination."
The Court also rejected the plaintiffs' contention that the existence of entrenched "one-party rule" rendered the general election uncompetitive. As the Court noted, candidates could obtain a place on the ballot, without party affiliation, via New York's general petition-signature requirements.