Federal Judge Blocks NJ's 'County Line' Primary Ballots

NEW JERSEY — A federal judge has agreed to block New Jersey's unique primary ballot design, as it faces heightened criticism from those who say it keeps the political elite in power.

U.S. District Judge Zahid Quraishi granted emergency injunctive relief on Friday and acknowledge the magnitude of this decision, which could shift the tectonic plates under New Jersey's political system ahead of an important primary.

Currently, 19 counties in New Jersey are using a party column ballot design for primary elections.

"Mandatory injunctive relief is reserved for the most unusual cases," Quaraishi wrote. "Nevertheless, the court finds...that this is the rare instance where mandatory relief is warranted."

Congressman Andy Kim (D-NJ-3), who is running for Bob Menendez's U.S. Senate seat, filed a federal lawsuit seeking to end the "county line" or "party line," beginning with the 2024 primary in June.

Instead of organizing primary ballots around the office being sought and clearly indicating which candidates are running for each position, most counties in New Jersey organize the ballots around a slate of party-endorsed candidates and put them in a prominent place.

As a result, voters often have a hard time determining which candidates are running for each office, giving a huge advantage to those who land on the “county line.”

In February, Kim and two other Congressional candidates – Carolyn Rush, who is running for a House seat in New Jersey’s 2nd District, and Sarah Schoengood, who is running to succeed Kim in the 3rd District – announced that they were launching the lawsuit in attempt to kill the party line in the Garden State.

At this time, New Jersey First Lady Tammy Murphy was slated to be Kim'ss primary opponent for the Democratic nomination, but had since dropped out.

New Jersey Attorney General Matthew J. Platkin said he had no plans to defend the challenge in court, saying it was unconstitutional.

Kim released a statement Friday, saying that Quraishi's decision "is a victory for a fairer, more democratic politics in New Jersey."

“While fixing this unfair ballot system is a massive step forward towards perfecting our democracy, there is still work to be done," he said. "Both in New Jersey and nationwide, we need to regain the trust of the voters we serve."

The possibility that it’s too late to put a stop to the practice before this year’s primary election was previously suggested by four county clerks, who claimed that rolling out a ban this late in the election season would cause “cascading and rippling effects.”

Quaraishi acknowledged these and other concerns about running elections in an orderly manner, but said the Court found "they do not weigh more heavily than the public interest in having candidates running in the 2024 Primary presented on the ballot in a fair and equal manner that is free from unnecessary government interference."

The order he signed directs county clerks to only draft primary ballots with a randomized order, referred to as office-block ballots —Salem and Sussex counties already use these for primaries.

Quraishi's order also directs clerks to stop using, counting, preparing, displaying, or disseminating any ballot designed under the current system.

See Related —

• NJ's Primary Ballots Are Unconstitutional, AG Says: Election 2024
• Andy Kim's Fight For 'Fair Ballot' Unites NJ Progressives, Republicans