 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 <unk> 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 <unk> judgment to state that the statute was unconstitutional , and also requested that Wofford be removed from his seat . <unk> 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 [ <unk> ] appointed Senator " . 
