In a monumental decision released today, U.S. District Judge Zahid Quraishi struck down the county organizational line, the ballot design system that forms the core of New Jersey political power, in this year’s elections.
The suit against the line had been filed by Rep. Andy Kim (D-Moorestown), who is running for U.S. Senate, and two congressional candidates, Sarah Schoengood and Carolyn Rush. They argued that the line, which groups party-endorsed candidates together on primary ballots, represents irreparable harm to their campaigns, necessitating a preliminary injunction to eliminate it.
Quraishi’s decision agrees with them in no uncertain terms.
“The integrity of the democratic process for a primary election is at stake and the remedy Plaintiffs are seeking is extraordinary,” Quraishi 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 and that this is the rare instance when mandatory relief is warranted.”
Quraishi’s decision specifically applies to this year’s primary; while his opinion clearly points towards a belief that the overall county line system is unconstitutional, it’s still something of an open question what will happen to the line in future years. It will impact all elections on the ballot this year, from Senate to county committee, mandating an office-block ballot across the board.
The case is not over yet, though. The county clerks named as defendants in the case are likely to appeal to the Third Circuit Court of Appeals, and could ask for a stay on Quraishi’s decision while the potentially lengthy appeals process plays out.
“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,” said Jack Carbone on behalf of defense counsel. “Counsel are evaluating their options to appeal.”
But if Quraishi’s opinion stands, it would be a genuine earthquake in New Jersey politics. County political parties have long relied on the line to give their preferred candidates a substantial edge and scare off any potential challengers; without it, they will have to radically adjust their methods for promoting candidates and winning elections.
The effects could be felt in many of this year’s races. Even though the filing deadline has already passed, preventing any new candidates from entering this June’s primary contests, there are a number of races where multiple credible candidates have filed – and today’s decision gives those running without party support a significantly greater shot at victory.
In his 49-page decision, Quraishi steadily works through the arguments put forth by both the plaintiffs and the defendants, finding in virtually every case that the plaintiffs had the evidence squarely on their side.
The chief arguments put forward by Kim, Schoengood, and Rush were that the county line gives an unfair advantage to certain candidates, interferes with their First Amendment rights to free association, and violates the Constitution’s Elections Clause, which limits the ability of states to influence elections for federal offices. Quraishi largely agreed with the plaintiffs on each point.
“Plaintiffs’ evidence is sufficient to make their showing of a likelihood they will succeed in establishing that the Bracketing Structure and ballot placement is improperly influencing primary election outcomes by virtue of the layout on the primary ballots,” Quraishi wrote.
Their reasoning holds true, Quraishi said, even though First Lady Tammy Murphy has ended her campaign for Senate. (Murphy had been set to run on the county line in many counties across the state, but when she withdrew from the race, most of those lines went to Kim instead, which the defendants argued nullified much of Kim’s argument.)
“Defendants’ arguments that the changed political landscape has eliminated Kim’s associational harm is specious at best,” Quraishi wrote. “The Court reiterates that Kim’s harms are not alleviated because his main opponent withdrew from the election. Kim’s harms, like Schoengood and Rush’s, are real and immediate whether or not they are on the county line or not.”
As for the clerks’ complaints that Kim filed the lawsuit too late in the cycle – and that preparing entirely new primary ballots in time for the June 4 election represents an undue burden – Quraishi dismissed them wholesale, saying that the defendants failed to prove that the harm of preparing new ballots outweighed the harm the continuation of the current system.
“The Court finds that the harm Plaintiffs would suffer absent an injunction well exceeds the harm that Defendants would suffer should the Court grant the injunction,” Quraishi wrote. “Plaintiffs have put forth credible evidence not only that their constitutional rights are violated by the present ballot design used in New Jersey, which is used in no other state in the country … but that Defendants would suffer minimal harm in implementing the ballot design requested by Plaintiffs.”
Kim himself did not need a victory in today’s ruling to win his race for Senate; without Murphy in the race, he was the frontrunner regardless of whether the lines stayed in place or not. But in a statement, he said he was nonetheless thrilled with Quraishi’s decision.
“Today’s decision is a victory for a fairer, more democratic politics in New Jersey,” he said. “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.”
This story was substantially updated at 12:52 p.m. with more information, and updated again at 2:33 p.m. with a statement from Carbone.
Read the full decision:
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