Judge scraps New Jersey ballot design that boosts establishment candidates
A federal judge threw out a controversial ballot design for New Jersey elections Friday that critics said benefitted party-backed candidates over insurgent challengers — as part of a case brought by progressive congressman and presumptive Democratic Senate nominee Andy Kim.
Trenton US District Judge Zahid Quraishi granted Kim and other congressional candidates a preliminary injunction in their suit against 19 of the Garden State’s 21 county clerks imposing the so-called “county line” on ballots.
The ruling rejects a ballot design that placed candidates supported by a county’s party bosses or selected by a secret vote of county party officials in a prominent position — and now requires them to be listed according to the office they seek.
The “office-block ballot” must be “organized by office sought” and use “a randomized ballot order system (e.g. random draw) which affords each candidate for the same office an equal chance at obtaining the first ballot position,” Quraishi’s order states.
“Today’s decision is a victory for a fairer, more democratic politics in New Jersey,” Kim said in a statement calling out the “undemocratic system marginalizing the voices of voters.”
“While fixing this unfair ballot system is a massive step forward towards perfecting our democracy, there is still work to be done,” he added.
“I will continue to work tirelessly to restore and protect voting rights, address the scourge of big money in our politics, and make our government more accessible and accountable to everyday New Jerseyans.”
Attorneys representing Mercer County Clerk Paula Covello — who earlier this month opposed the request for a preliminary injunction, Politico reported — did not immediately respond to a request for comment.
Friday’s ruling is an additional boost for Kim after New Jersey first lady Tammy Murphy bowed out of the US Senate race to replace Democratic incumbent Bob Menendez following his federal indictment on charges of bribery and acting as an unregistered foreign agent of Egypt and Qatar.
The Post revealed earlier this month that Menendez, 70, will not seek re-election to a fourth term in November, as he and his wife Nadine will head to trial in May for charges including corruption and obstruction of justice.
The senator has repeatedly claimed he is innocent — even after a co-defendant involved in the bribery scheme pleaded guilty and began cooperating with federal prosecutors — and has not ruled out running as an “independent” in 2024.
“I am hopeful that my exoneration will take place this summer and allow me to pursue my candidacy as an independent Democrat in the general election,” Menendez said in a video message to his constituents.
Tammy Murphy, the wife of Gov. Phil Murphy, was backed by Garden State party bosses and considered the presumptive front-runner in the Senate Democratic primary, setting her up for the vaunted county line position on the ballot.
Sarah Schoengood, who is running to represent New Jersey’s 3rd Congressional District, and Carolyn Rush, who is running to represent the 2nd District, joined Kim in filing the civil complaint on Feb. 26 against the ballot design.
With Murphy’s departure, Kim would have been next in line to benefit from the county line ballots in 17 of the 19 counties he and the House Democratic candidates sued.
New Jersey Attorney General Matt Platki wrote a letter to Quraishi earlier this month, which was published by Politico, arguing that the county line ballot was unconstitutional.
The governor took a swipe at Platki on Tuesday, telling NorthJersey.com that “up until recently, it had been the practice of our attorney general to defend statute,” which “worked pretty well.”
Phil Murphy added that he was “open-minded to tweaking the system if there’s an opportunity to make it better.”
