Morse v. Republican Party of Va., 517 U.S. 186, 13 (1996)

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198

MORSE v. REPUBLICAN PARTY OF VA.

Opinion of Stevens, J.

assemble thousands of signatures on a petition for its nominee. In some years, as few as 550 nominators have selected the Party's candidate for United States Senate.14 Even in 1994, when the Party convention had its largest attendance to date, fewer nominators were present than would have been necessary to meet the petition requirement.15 In any

event, state law permits the Party to allow as many or as

few delegates as it sees fit to choose the Party nominee.

The Party is thus delegated the power to determine part of the field of candidates from which the voters must choose. Correspondingly, when Virginia incorporates the Party's selection, it "endorses, adopts and enforces" the delegate qualifications set by the Party for the right to choose that nominee. Smith v. Allwright, 321 U. S. 649, 664 (1944). The major parties have no inherent right to decide who may appear on the ballot. That is a privilege conferred by Virginia law, not natural law. If the Party chooses to avail itself of this delegated power over the electoral process, it necessarily becomes subject to the regulation.16

14 App. 24 (affidavit of David S. Johnson, Exec. Dir. of Republican Party of Virginia ¶ 12).

15 According to the Party, 14,614 voters attended the 1994 convention. Ibid. A total of 14,871 signatures were required to qualify as an independent candidate. See n. 8, supra.

16 The Party argues that automatic ballot access is merely a "practical accommodation to political reality" because the major parties have shown, through their performance in previous elections, significant levels of voter support. Brief for Appellees 32. According to the Party, the Party nominee need not demonstrate personal support because he or she is credited with the Party's showing. Id., at 33 (citing Weisburd, Candidate-Making and the Constitution: Constitutional Restraints on and Protections of Party Nominating Methods, 57 S. Cal. L. Rev. 213, 242 (1984)).

Such "crediting" does not answer the question why the Party nominee should receive automatic ballot access. The fact that the Party has polled well in previous elections does not logically entail any conclusion about the success of its present candidate—especially when that nominee is chosen at a convention attended by limited numbers of Party members, rather than a primary. Furthermore, ballot access for all other candidates is

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