New Jersey AG says controversial ballot design in Senate race to replace Menendez is unconstitutional

[BumRushDaShow]

Source: Politico

03/17/2024 06:57 PM EDT
Updated: 03/17/2024 08:14 PM EDT


New Jersey Attorney General Matt Platkin’s office said in legal filings Sunday that state laws that create the so-called party line are unconstitutional and that his office will not defend them in Rep. Andy Kim’s lawsuit seeking to eliminate the controversial ballot design.

The bombshell legal filing comes the day before a federal judge is scheduled to have a hearing in Kim’s lawsuit against the line — the short-hand in New Jersey for preferential ballot positioning for candidates. Kim is running for U.S. Senate against first lady Tammy Murphy, who has amassed county party support that gives her favorable primary ballot positioning in a majority of the state. They both seek to replace indicted Sen. Bob Menendez, a fellow Democrat who is charged with corruption.

County-endorsed candidates who get “the line” often win elections, according to multiple studies. That is key in a Democratic primary, since New Jersey hasn’t sent a Republican to the Senate in 50 years. Kim is seeking a preliminary injunction from federal judge Zahid Quraishi to eliminate the party line from ballots ahead of the June primary.

“In light of the evidentiary record, the Attorney General has concluded that the challenged statutes are unconstitutional and therefore will not be defending them,” the legal filing said.

Read more: https://www.politico.com/news/2024/03/17/matt-platkin-andy-kim-lawsuit-00147494

[NJCher]

1. I am elated

I can only imagine how Andy Kim must feel.

I think we are looking at Senator Andy Kim!

My next question is whether this can or will help republicans in any way.

[muriel_volestrangler]

2. Halfway through, the design is actually explained

The decision is highly unusual, although Platkin’s office said it was warranted given the unique nature of New Jersey’s primary ballot design. The party line allows for candidates endorsed by county political parties to appear in a single column or row on primary ballots, making them appear more prominently to voters. New Jersey is the only state in the nation to use the “line” structure in its ballot design; 19 of 21 New Jersey counties use the party line.

And it's also called "bracketing":

“Outside the context of any campaign, Governor Murphy has consistently and accurately noted that the bracketing of candidates is permitted by duly enacted laws that have been on the books for decades,” Murphy’s communications director, Mahen Gunaratna, said in a statement. “It is well-established that Attorneys General have a general obligation to defend the constitutionality of statutes, regardless of their own personal views. The Governor believes that a legal defense of the statute permitting bracketing would have been appropriate and consistent with the actions of prior Attorneys General.”

[BumRushDaShow]

3. Their whole primary thing is weird in terms of not being a "unified decision"

although it's somewhat like what happens here in PA with special elections for vacancies and party-chosen/designated candidates.

Ballot positioning (at least here in Philly) is done by candidates drawing numbers (I think here, it was out of a can of slips of paper ). Naturally a "#1" ballot position is optimum.

[3Hotdogs]

4. Several Kim signs in my town, Maplewood.

A Murphy sign finally appeared on Friday.