ABSTRACT
Americans are of two minds regarding political parties and partisanship, love or hate. Parties undertake a host of functions that are critical to democracy. On one level they are the intermediate or voluntary associations that pluralists and Alexis de Tocqueville praised. Promoting stability is another important function of a party. Political parties generally have broad leeway under the First Amendment freedom of association clause to govern their own internal affairs. Conceptually it may make sense to say that how a political party conducts its internal affairs is of no business to anyone outside of it and therefore the government has no business in regulating its activities. The Supreme Court has recognized promoting stability and preventing factionalization as compelling interests justifying party regulation. Ballot access is all about simply allowing candidates and parties to get on the general election ballot. In most states, once a party has achieved major party status it easily can get its candidate on the ballot.
