The US Supreme Court has determined that ballot access for candidates and voter rights are “inextricably intertwined”. Recent letters have referred to candidates, such as me, legally gaining ballot access as “undermining” the process and exploiting a “technical loophole”
A 2025 legal brief about the dynamics between political parties, candidates, voters, and elections states the following:
Political parties likewise retain a First Amendment association right. A party may “limit its membership as it wishes” and “choose a candidate-selection process that will in its view produce the nominee who best represents its political platform.” These rights, however, have limits. When the state allows a political party to have a role in the election process, “the State acquires a legitimate governmental interest in ensuring the fairness of the party’s nominating process, enabling it to prescribe what that process must be.” As the Supreme Court has made clear, there are many instances where a state’s interest outweighs the party’s right to have a say in the candidate selection process.
CT state law allows candidates to file a primary petition to gain ballot access with the intent of providing voters with more choice. I needed 252 signatures, representing 5 percent of Registered Republican voters, to qualify for the November ballot. While political parties can put forth their pre-approved or caucus approved candidates, state law permits any qualified candidate, such as myself, to participate in a primary, creating an inherent tension between the party wanting to assure top-down control over candidate choice and the state-imposed laws that allow greater ballot access to candidates such as myself.
In the case of United States v. Classic, 313 U.S. 299, 319 (1941): “[T]he practical influence of the choice of candidates at the primary may be so great as to affect profoundly the choice at the general election . . . and may thus operate to deprive the voter of his constitutional right of choice.”
Primaries are important. If a primary had occurred in New Canaan, all registered Republicans could have voted on September 9, including by absentee ballot. Residents would have returned from summer vacation and one would expect more than 311 electors – the number of electors who attended the July Republican Caucus – to show up. Since the Town Charter was amended in 2015 to permit voters and parties to select six rather than four candidates, no primary occurred.
The Secretary of State and our local town election officials certified my candidacy in early August and deemed me to be both nominated and endorsed by the Republican Party.
Given the low Republican caucus turnout in mid-July, seen by the chart below and 9-point difference in voter choice in the Town Council race, I am proud that I, along with my team, were able to qualify with 311 Republican signatures supporting me to run. My signatories did not view my actions as “undermining democracy” nor as exploiting a “technical loophole.”
Remember what the Supreme Court has said: Voters and candidates are “inextricably linked.”
The Republican Caucus: Town Council was the only Contested Race in July 2025
Republican Caucus by Year Republicans attending* Percentage of Republicans*
2025 311 6 %
2023 1,207 24 %
2021 998 20 %
2017 1283 25 %
2013 742 15 %
*Confirmed by local news articles *percentage estimate based on current number of Republicans however, this number has fluctuated between 2013-present
Following the certification of my primary petition in late August, I extended an offer to collaborate with the Republican Town Committee and expressed my willingness to support the slate, contingent upon their dissolution and my inclusion. They voted against including me, stating allegiance to their bylaws that only recognizes caucus endorsed candidates. In summary, I offered to support my party and gave them every opportunity to unite behind five candidates.
I respect the laws of our town, state, and country, and followed them meticulously to get to where I am today: A Republican Endorsed Candidate for re-election to Town Council as recognized by our Secretary of State and local town election officials. Respecting the laws for ballot access, respects the resident voters of our town and the two, candidate and voter, are “inextricably intertwined”.
I respectfully and humbly ask New Canaan voters from all parties, to cast a vote for me in this general election: Kim Norton, Town Council incumbent. I will work as hard for you as I did to get on the ballot – that is how much I love representing you on the Council and our town.
Kim Norton
