Rosenthal v. Harwood

We hold invalid as applied to a candidate for judicial office a provision of the internal by-laws of a political party limiting nominations by that party to one who has agreed to refuse to accept, the nomination of any other political party.

Article VII (§ 1, subd. f) of the by-laws of the Nassau County Democratic Committee provided as follows: “ Designations or nominations shall be made only of persons who shall have agreed in writing, duly acknowledged, to refuse to accept the designation or nomination of any other political party or independent party or body; except that a candidate…