March 29, 2024
Kevin R. Wexler/USA TODAY NETWORK
A federal judge ruled in favor of Rep. Andy Kim's lawsuit challenging the unique design of New Jersey's primary election ballots.
The primary election ballots used in New Jersey on June 4 will not be able to have the state's unique "county line" design that has long be criticized for giving favorable placement to candidates supported by party establishments, a federal judge ruled Friday.
The ballot design was challenged in a lawsuit filed by Rep. Andy Kim (D-N.J.), who is running for U.S. Senate. Kim's lawsuit argued that the county line is undemocratic and puts candidates who aren't officially backed by their parties at a disadvantage.
Long used in 19 of the state's 21 counties, the ballot design features a grid that has rows for various offices and lists candidates' names in different columns from left to right. The county line position, usually the first column on the left, is given to the candidates endorsed by county parties. The ballots often place opponents several columns away, making it more difficult for voters to find them and encouraging votes down a single party line. No other state uses a similar design.
Friday's order from U.S. District Judge Zahid Quraishi issues a preliminary injunction requiring counties to create a different design for the upcoming primaries. The ruling does not determine whether New Jersey will have to permanently do away with the county line ballot.
“The integrity of the democratic process for a primary election is at stake and the remedy Plaintiffs are seeking is extraordinary," Quraishi wrote, finding that Kim's lawsuit met the burden of proof.
The defendants in the lawsuit were a group of county clerks who design ballots and had argued they're not being given adequate time to change their ballots. Some are expected to appeal the decision.
Kim is running for the seat held by Sen. Bob Menendez (D-N.J.), who has been indicted on a slew of corruption charges and will not be running again as a Democrat — though he hasn't ruled out an independent run as his case moves through the court system.
New Jersey first lady Tammy Murphy, who had been campaigning against Kim in the Democratic primary, dropped out of the race on Sunday despite holding party support in the state's most populous counties. Murphy had been accused of leveraging the influence of her husband, Gov. Phil Murphy, to gain key endorsements. She said she dropped out in order to avoid a "bloody, expensive and just divisive" primary election, but indicated she plans to run for office in the future.
Kim celebrated the federal order that was issued Friday, calling it a win for the people of New Jersey.
YES! For the people! https://t.co/ySzlprwgyo
— Andy Kim (@AndyKimNJ) March 29, 2024
