What is the legal test for allowing a party to nominate a candidate on a write-in ballot in a primary election?

"New York", United States of America

The following excerpt is from Harden v. Board of Elections in the City of New York, 544 N.E.2d 605, 545 N.Y.S.2d 686, 74 N.Y.2d 796 (N.Y. 1989):

The "opportunity to ballot" remedy fashioned in Matter of Hunting v. Power, 20 N.Y.2d 680, 282 N.Y.S.2d 548, 229 N.E.2d 227 was designed to give effect to the intention manifested by qualified party members to nominate some candidate, where that intention would otherwise be thwarted by the presence of technical, but fatal defects in designating petitions, leaving the political party without a designated candidate for a given office. It was not intended to be a generally available substitute for the petition process set forth in article 6 of the Election Law. That legislatively prescribed process ensures that there is a sufficient level of support among party members eligible to vote for the office to justify placing a particular candidate's name on the primary ballot or, in the case of a petition under Election Law 6-164, that there is sufficient voter interest to justify holding a primary election by write-in ballot.

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