The New York State Board of Elections will not ask for a rehearing, or a rehearing en banc, in the 2nd circuit, in the Lopez Torres case. This is the case in which both the U.S. District Court, and the 2nd circuit, had ruled that ballot access is too difficult for candidates trying to get on major party primary ballots for Delegate to Judicial Nominating Conventions (these party meetings choose party candidates for New York Supreme Court seats). The law required 75,000 signatures of party members who were trying to get a full slate of delegates on primary ballots, in the whole state.

However, the State Board of Elections may ask for the U.S. Supreme Court to review the case, but that decision need not be made until December.