On August 17, New York state and its allies filed rebuttal briefs in New York State Board of Elections v Lopez Torres, with the U.S. Supreme Court. The Board of Elections brief is here; the Attorney General’s brief is here; the New York Republican Party’s brief is here.

Two of the three briefs make no defense of New York state’s ballot access laws for candidates trying to get on primary ballots to run for Delegate to Party Judicial Conventions. The brief of the New York State Board of Elections even says that the ballot access laws are not properly part of the lawsuit. However, the complaint filed by Margarita Lopez Torres on March 18, 2004 says on page two, “Because of the insurmountable burdens of running delegates for the convention across a judicial district, real challenges almost never occur.”

The Attorney General’s brief does make a half-hearted attempt to defend the ballot access laws. It says on page 8, “New York law makes it easy for interested voters to run or help others run for delegate slots in their assembly district” and then has a note that an individual candidate for delegate needs only 500 signatures.

The briefs of the state and its allies argues that the challenged New York procedures should be upheld because the political parties favor the restrictive system. However, only one of New York state’s 5 qualified parties, the Republican Party, has expressed itself. One wonders what the state would say if one of New York’s ballot-qualified parties filed a lawsuit, saying that party wants a freer system.