Candidates v. Parties: The Constitutional Constraints on Primary Ballot Access Laws

Abstract

peculiarities uncertainties in primary ballot access cases, constitutionality in the abstract. The position of the primary in the overall electoral scheme, the type of office for which the primary is nominating candidates, and the nature of the state or party interests used to justify the law will all bear on whether a given set of rules violates voter or candidate rights. Because the current case law is hampered by uncomfortable analogies to general election ballot access cases or other party autonomy or freedom of association cases, much work remains to be done in constructing a coherent jurisprudence of primary ballot access. Although several of the ideas expressed in this Article must be tagged thought experiments given the treacherous directions toward which they might lead, I hope they provide a starting point for such a discussion.