CENTRAL NEW YORK -- When it comes to selecting candidates for office, there is an entire group that avoid having to campaign for voter support.
They are contenders for State Supreme Court.
The system calls for delegates to be selected by the parties from each assembly district contained in a Judicial District, the voters benefiting from "proportional representation," their delegates choosing the candidate.
There could be a problem brewing for a long time democrat justice who is due to seek re-election this fall.
The battle actually dates back to 2011, when petitions from several assembly districts for delegates to a republican judicial convention were tossed out, costing two GOP judicial candidates spots on the ballot.
Now, it's the republicans filing the challenge.
"It's a little ironic that this court case was brought by the democrat party and now you fast forward, three years later, the one that it's impacting the most is a current democrat incumbent Justice," said Thomas Dadey, the Onondaga County Republican chairman.
At issue are petitions for democratic delegates likely to support the nomination of Justice Brian DeJoseph for re-election.
"Since there's a deficiency in several of the assembly districts, the democrat party cannot legitimately hold their nominating convention and nominate a candidate for Supreme Court Judge," said Dadey.
As might be expected, democrats said the republicans are wrong.
The democratic chair decline comment, but Dustin Czarny is the democratic elections commissioner for Onondaga County.
"The judiciary hasn't set an actual number on what is proportional representation and what is not," said Czarny.
The commissioner thinks the whole issue on the judicial nomination is headed to court.
"The state board of elections will have a roll call, and there will be a democratic convention for State Supreme Court Justice. And I assume Judge Brian DeJoseph will be the selection and it will be up to the republicans to take that to court," said Czarny.
"We may very well end up in court on this, as soon as the judicial conventions are held," said Dadey.
Republicans hoping the mistake by democrats gives the GOP an unexpected pickup in judicial victories.
Republicans said several attorneys have expressed an interest in the judicial race. There has been no determination, yet, on a candidate.