[parminya]

How is this not a breach of the constitutional protection for the right to freedom of assembly? A caucus, in particular, is literally an assembly. Surely for elections to be free and fair, the private associations who put forth candidates should be able to freely determine who those candidates are.

[DFHippie]

Not counting the delegates isn't preventing the assembly.

The constitution doesn't ensure free and fair elections, unfortunately, as is demonstrated by the fact that states can pass laws regarding primaries that are mutually inconsistent. States A and B can both pass laws saying they have to have the first primaries in an election.

[lesuorac]

Going a step further, the constitution doesn't require states to have their citizens vote on the delegates to the electoral college. The state (Legislature) could decide that the Electors are actually always for one party's candidate and that no state wide election is necessary.

> [1] Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

[1]: https://constitution.congress.gov/browse/article-2/section-1...