 Trinsey argued that , by failing to allow for primaries , the state legislation prevented him from getting to select a candidate of his choice , and that this violated the Fourteenth Amendment ; the terms of the statute ( and absence of a requirement for primaries ) also allegedly infringed the rights of the electorate under the Seventeenth Amendment , which required the selection of Senators by popular vote ; Trinsey 's complaint was that the legislation had effectively delegated the power to choose candidates to political parties rather than the electorate . Accordingly , Trinsey filed a motion for a declaratory judgment to state that the statute was unconstitutional , and also requested that Wofford be removed from his seat . Counsel for the Commonwealth of Pennsylvania , joined by the office of the Governor , argued that the constitution did not require the holding of primary elections to fill vacancies , and that the statute " protected valid and compelling state interests in protecting the validity of the electoral process and limiting the term of a [ governor- ] appointed Senator " . 
 Trinsey argued that , by failing to allow for primaries , the state legislation prevented him from getting to select a candidate of his choice , and that this violated the Fourteenth Amendment ; the terms of the statute ( and absence of a requirement for primaries ) also allegedly infringed the rights of the electorate under the Seventeenth Amendment , which required the selection of Senators by popular vote ; Trinsey <a href='null_genetive' title='1'><mark>'s</mark></a>complaint was that the legislation <a href='been_done' title='2'><mark>had</mark></a> effectively delegated the power to choose candidates to political parties rather than the electorate . Accordingly , Trinsey filed a motion for a declaratory judgment to state that the statute was unconstitutional , and also requested that Wofford be removed from his seat . Counsel for the Commonwealth of Pennsylvania , joined by the office of the Governor , argued that the constitution did not require <a href='None' title='3'><mark>the</mark></a><a href='negative_concord' title='4'><mark>holding</mark></a> of primary elections to fill vacancies , and that the statute " protected valid and compelling state interests in protecting the validity of the electoral process and limiting the term of a [ governor- ] appointed Senator " . 
Trinsey argued that , by failing to allow fa primaries , the state legislation prevented him from getting to select a candidate of his choice , and that this violated da Fourteenth Amendment ; the terms of the statute ( and absence of a requirement for primaries ) also allegedly infringed the rights of the electorate under the Seventeenth Amendment , which required tdaselection of Senators by popular vote ; Trinsey  complaint was that thdaegislation done effectively delegated the power to claim candidates to political parties rather den the electorate . Accordingly , Trinsey filed a motion for a declaratory judgment to state that the statute was unconstitutional , and also requested dat Wofford b removed from his seat . Counsel ffathe Commonwealth of Pennsylvania , joined by the office of thedavernor , argued that the constitution did not require no holding of primary elections to fill vacancies , and that the datute " protected valid and compelling state interests in protecting the validity of the electoral process and limiting the term of a [ governor- ] appointed rep " .