First, the court had to determine whether the placement occurred by law. That is, did Caputo unknowingly subject the process to a law of odds that explains the coincidence? Did he believe he was using a truly random method to determine placement when in fact the method was flawed and was sure to result with the Democratic name in position one? If the answer was no, the court would move to question two and ask whether Caputo’s method was in fact random. The first position on the ballot was always occupied by the candidate from a single political party then it could not be the result of chance.
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