Written by attorneys · grounded in primary & secondary sources — see below
An organization of voters formed to influence the government's conduct and policies by nominating and electing candidates to public office. The organization enjoys associational rights that protect its internal decisions on membership, primaries, and delegate selection from undue state interference.
Sources & Authorities· 14 primary sources
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Cases
Statutes
Model Codes
Dictionaries
How it applies
Common Examples
6
Lawyer Fundraising for Appointment
Alec learns that a city arts commissioner will select outside counsel for a fraud investigation. He immediately organizes a donation drive among his firm's clients and arts patrons, hosting events and linking support for the commissioner to better oversight of art matters while his firm submits a proposal for the work. The contributions create the appearance that selection rests on political support rather than merit.
Contribution Limits and Association
A national political party challenges federal limits on coordinated expenditures with its candidates. The party argues that the caps prevent it from effectively advancing its platform through joint advertising. The court upholds the limits as permissible regulation of conduct rather than direct restraints on the party's core right to associate for political beliefs.
Buckley v. Valeo424 U.S. 1, 93 (1976)
Judicial Candidate Speech Limits
A Republican Party judicial candidate seeks to announce his views on disputed legal issues during the campaign. State canons prohibit such announcements. The party supports the candidate's challenge, arguing that the restriction burdens both the candidate's speech and the party's ability to communicate its platform through its nominees. The court strikes down the prohibition as an unconstitutional burden on protected political speech.
Republican Party of Minnesota v. White536 U.S. 765, 122 S.Ct. 2528, 153 L.Ed.2d 694 (2002)
Party Primary Membership Rules
A state statute forces the Republican Party of Minnesota to allow any registered voter to participate in its judicial primary. The party objects that the rule burdens its ability to select candidates who share its platform. The court strikes down the statute because it imposes a severe burden on the party's associational rights without a narrowly tailored compelling interest.
Griswold v. Connecticut381 U.S. 479 (1965)
Soft-Money Restrictions Upheld
National political parties raise unlimited soft-money contributions from corporations and labor unions for issue ads and voter mobilization. Congress bans such contributions to prevent circumvention of hard-money limits. The court sustains the ban because the parties' close ties to candidates justify regulation of their fundraising practices.
McConnell v. Federal Election Commission540 U.S. 93, 226–27 (2003)
Party Independent Expenditures
A nonprofit corporation funded by individuals produces a documentary critical of a presidential candidate and seeks to air it within the electioneering window. Federal law prohibits corporate treasury expenditures for such speech. The court holds that the First Amendment protects the corporation's right to make independent expenditures, equating it with the rights of natural persons engaged in political association.
Citizens United v. Federal Election Commission558 U.S. 310, 352 (2010)
Common questions
Frequently Asked
4
When does a lawyer's political contribution to a candidate violate professional conduct rules?+
A lawyer violates the rule when the contribution or solicitation is made for the purpose of obtaining or being considered for a government legal engagement or judicial appointment. Purpose is inferred from timing, client solicitations, and explicit links between donations and the pending selection process. Merit-based RFP procedures free from political influence provide a safe harbor.
May a sitting judge serve as an officer or honorary chair of a political party organization?+
No. Judicial conduct rules prohibit a judge from acting as a leader or holding any office in a political organization, even when the role is unpaid or labeled honorary. The prohibition applies whether the organization is a formal party or a group that endorses candidates and mobilizes voters for one party.
What associational rights protect a political party's choice of primary participants?+
A political party possesses First Amendment associational rights that prevent a state from forcing the party to open its primary to nonmembers unless the state shows a narrowly tailored compelling interest. Modest burdens, such as requiring voters to register as party members or independents, are usually upheld under a balancing test.
Supporting sources
Does the Constitution allow a state to ban fusion candidacies on a party's ballot line?+
Yes. A state law prohibiting a candidate from appearing on the ballot as the nominee of more than one party does not impose a severe burden on political parties' associational rights. The state's interests in ballot integrity and political stability justify the restriction under the applicable balancing test.
Supporting sources
, lodges and ecclesiastical groups seek to knit the loyalty of their followings to a flag or banner, a color or design. The State announces rank, function, and authority through crowns and…
, called “soft money,” were made to gain access to elected officials. McConnell , supra , at 125, 130–131, 146–152; see McConnell I , 251 F. Supp. 2d, at 471–481, 491–506 (opinion of…
Constitutional LawThe nature of judicial review · Judicial review in operationUBEIntermediate