Price v. New York State Board of Elections

In Price v. New York State Board of Elections, 540 F.3d 101 (2d Cir.2008), the Court addressed the First Amendment constitutionality of New York's prohibition on voting by absentee ballot in elections for political party county committees. See id. at 103-04. The Court reiterated the Supreme Court's statement that "all `eection laws will invariably impose some burden upon individual voters.'" Id. at 107 (quoting Burdick v. Takushi, 504 U.S. 428, 433, 112 S.Ct. 2059, 119 L.Ed.2d 245 (1992)) (second alteration in original). We emphasized that, in determining whether to apply the First Amendment balancing test, "it is important only that there is at least some burden on the voter-plaintiffs' rights." Id. at 109. The Court held that the plaintiffs "have an associational right to vote in political party elections, and that right is burdened when the state makes it more difficult for these voters to cast ballots." Id. at 108. In addition, the Court held that "candidates' associational rights are affected, in at least some manner, when barriers are placed before the voters that would elect these candidates to party positions." Id. The Court concluded: "Because there is some burden on the plaintiffs' associational rights, we must apply the framework articulated in Burdick v. Takushi, 504 U.S. 428, 433, 112 S.Ct. 2059, 119 L.Ed.2d 245 (1992)." Id. (citing Burdick, 504 U.S. at 433-34, 112 S.Ct. 2059). On balance, we concluded that the State's interests were of "infinitesimal weight" and thus could not outweigh the plaintiff's First Amendment interests. See id. at 110-12.