NJ's top lawmakers vow to address ballot design as it dominates Senate primary
New Jersey’s four legislative leaders are vowing to address laws that dictate ballot design in the state.
But what they’ll exactly do is unclear.
In a rare joint statement Tuesday evening, Senate President Nick Scutari and Assembly Speaker Craig Coughlin — both Democrats — and Senate Minority Leader Anthony Bucco and Assembly Minority Leader John DiMaio, said they plan to begin a “public process on ballot design in New Jersey.” They said that the state Legislature is best equipped to address laws around ballot design.
The promise from the four legislative leaders comes as Rep. Andy Kim, who is running for Senate to replace indicted Sen. Bob Menendez, is in a legal battle seeking to dismantle the so-called party line.
The line refers to a uniquely New Jersey process where candidates backed by county political parties are placed in a single column or row together on primary ballots, making them appear more prominently to voters. Academic studies and political history have shown that candidates placed on the line provides a nearly insurmountable advantage and 19 of 21 counties in the state use the ballot design.
“As many involved in the legal process have pointed out, there is longstanding precedent that the Legislature has the authority to determine the law regarding ballot design and the appropriate discretion used by county clerks,” they said. “Accordingly, the proper authority to consider modifications is the Legislature.”
The party line has been the top issue in the Senate race. Kim’s top rival, first lady Tammy Murphy, immediately announced her Senate bid with the backing of party bosses who can award the favorable ballot positioning. In February, Kim filed a federal lawsuit with two congressional candidates against 19 county clerks in the state seeking a preliminary injunction to eliminate the party line system in the June primary. Because of New Jersey’s Democratic tilt, the winner of the primary is heavily favored to win the general election.
It is unclear what the legislative leaders have in mind to change the ballot design. Their carefully-worded statement did not provide a timeline or even mention the word “line,” although they promised to review "other states” and include public input. The process, they said, would be “bipartisan.” Spokespeople for the four leaders did not immediately respond to a follow up email for details.
All four lawmakers have connections to the party line, having run for office with the advantageous ballot positioning. Coughlin is a partner at a law firm that’s representing one of the defendants in Kim’s lawsuit (although he is not personally involved in the litigation, according to a spokesperson) and Scutari is the chair of the Union County Democrats.
Scutari told POLITICO in February that he was not in favor of efforts to eliminate the line.
“It's been a system that's worked democratically, small d, for many, many years. It's a system that helped me along on the way. I wasn't always part of it," he said at the time. "I think it's benefited [the] people of New Jersey greatly and it's not a closed system because people can run off that line — and have — and can win.”
Kim’s Senate race and lawsuit against the line has made it among the most high-profile issues in state politics. Over the weekend, state Attorney General Matt Platkin said in a bombshell legal filing in Kim's lawsuit that laws allowing the line are unconstitutional and that his office would not defend them in court, a decision Gov. Phil Murphy, who has been close with Platkin for years, has publicly disagreed with.
U.S. District Judge Zahid Quraishi said during a marathon hearing Monday that he was not sure if he would consider Platkin’s letter in his ultimate decision in the lawsuit. It is unclear how and when Quraishi will decide on a preliminary injunction.
Every county party differs in how the party line is awarded. Some county parties allow hundreds of low-level elected party officials to vote by secret ballot on who will win the endorsement while in others a single party boss can award the favored ballot positioning.
Tammy Murphy instantly received the endorsement of Democratic bosses once she announced her Senate bid in counties where the line is awarded in a top-down manner. That gave her favorable ballot positioning in a majority of the state, making Kim the underdog in the Senate race by conventional standards. Kim has won the county party endorsements in parts of the state where it is democratically awarded by secret ballot votes of low-level Democratic officials.
The Senate race has underscored the unusual nature of New Jersey primaries, leading to calls for change. Jersey City Mayor Steven Fulop and Newark Mayor Ras Baraka — both gubernatorial candidates — have said they support eliminating the party line. A small but growing number of state lawmakers and local officials have called to end the controversial ballot design.
Many lawmakers, however, support the party line. Other prominent party officials, like Democratic State Committee Chair LeRoy Jones, have called for “ballot uniformity” in the state, but not the outright abolition of the party line.
