Judge bars county line in June’s primaries, a blow to New Jersey’s party leaders

A federal judge has granted Rep. Andy Kim’s request to bar the use of the county line in June’s primaries, finding weight to the congressman’s arguments that New Jersey’s unique ballot structure is unconstitutional.

The decision sent shockwaves through New Jersey political circles and is likely to reshape the state’s primaries. It may spell the end of the county line, a ballot design that experts say gives party-endorsed candidates an advantage at the polls and affords party leaders an outsized say in who wins their party’s nomination.

“Today’s decision is a victory for a fairer, more democratic politics in New Jersey,” said Kim, who is seeking the Democratic nomination for U.S. Senate in June. “It’s a victory built from the incredible grassroots work of activists across our state who saw an undemocratic system marginalizing the voices of voters and worked tirelessly to fix it.”

U.S. District Court Judge Zahid Quraishi’s order bars clerks from using grid ballots that support organizational lines or bracketing, or ballots that allow candidates to be tucked away alone in the far reaches of a ballot, commonly called ballot Siberia.

The order requires the use of office-block ballots, which group candidates by office sought. It also mandates clerks to conduct draws to determine ballot placements for every candidate, regardless of the office sought.

One of Kim’s attorneys, Yael Bromberg, celebrated on social media.

“WE DID IT! A PEOPLE’S VICTORY,” Bromberg wrote. “May this be a rebirth for democracy in NJ.”

The preliminary injunction does not end Kim’s case against the line.

Kim and his co-plaintiffs, congressional candidates Sarah Schoengood and Carolyn Rush, had argued the county line violates constitutional rights by requiring candidates to bracket to avoid being at a disadvantage on a primary day and, in some cases, bracketing candidates with their opponents.

They charged that the design violates the election clause of the U.S. Constitution because it is likely to affect the outcome of an election.

Kim, who is seeking the seat held by embattled Sen. Bob Menendez, lodged his suit after a group of Passaic County Democratic leaders awarded their county line to First Lady Tammy Murphy. At the time, Murphy was Kim’s chief rival for the Democratic nomination, but she withdrew from the race on Sunday.

As party conventions wore on, Kim largely won lines in counties that allowed all county committee members to vote to award their lines using secret ballots, while Murphy took lines in counties with more closed processes. In some cases, county chairs unilaterally awarded her their line, like in Hudson.

Democratic State Chairman LeRoy Jones, who is also Democratic chair in Essex County and endorsed Murphy, said the party would work to educate voters on office-block ballots.

“While the legal process likely will continue in this case and others, I am looking forward to moving past this important process-oriented discussion about ballot design and refocusing our work to make sure we beat Donald Trump in November,” Jones said.

Quraishi’s opinion acknowledges the enormity of his decision, which could upend the politics surrounding New Jersey’s primary elections and sap power from party leaders who sometimes resemble kingmakers.

“The integrity of the democratic process for a primary election is at stake and the remedy Plaintiffs are seeking is extraordinary,” the judge wrote. “Mandatory injunctive relief is reserved only for the most unusual cases. Plaintiffs’ burden on this Motion is therefore particularly heavy. Nevertheless, the Court finds, based on this record, that Plaintiffs have met their burden.”

John Carbone, an attorney representing clerks, reiterated concerns about the feasibility of a move to office-block ballots clerks raised throughout proceedings.

“With ballots required to be printed in one week and voting starting in 20 days, many County Clerks have significant concerns about the feasibility of compliance with the Court’s order. Counsel are evaluating their options to appeal,” Carbone said in a statement on behalf of the defendants.

Another attorney representing clerks asked Quraishi late Friday to stay the ruling in advance of an appeal to federal appeals court.

The judge rejected a series of motions filed by the clerks that sought to bar Kim’s expert witnesses from testifying on procedural grounds, with the judge citing relaxed rules for evidentiary hearings on preliminary injunctions.

A series of expert witnesses who told the court New Jersey’s existing ballot design confers advantages to candidates on the line and testified a move to office-block ballots was feasible were credible, the judge found.

Quraishi found another witness, printing house vendor David Passante, had low credibility. Passante testified that an order to move to office-block ballots would create chaos, but later acknowledged he could complete the task if asked by a clerk.