Andy Kim criticizes New Jersey’s flawed politics in lawsuit targeting Democratic Senate primary
Senate candidate Rep. Andy Kim (D-NJ) takes legal action against New Jersey’s “county line” system
Senate candidate Rep. Andy Kim (D-NJ) has filed a federal lawsuit in New Jersey challenging the state’s controversial “county line” system. Kim argues that the current system unfairly benefits certain candidates, including his Senate primary opponent Tammy Murphy, who is also New Jersey’s first lady. The lawsuit claims that the system violates the First and 14th amendments, as well as the Constitution’s elections clause. Joining Kim in the lawsuit are two other Democrats, Sarah Schoengood and Carolyn Rush, who are running for House seats in New Jersey.
“The broken politics in New Jersey needs to end once and for all,” Kim posted on X. “Today I am filing suit and seeking an injunction to stop the corrupt county line system for this June 4 primary and to abolish it permanently going forward. 49 states use fair ballots; it’s time NJ does too.”
Nineteen out of New Jersey’s 21 counties currently employ the county line system. This system groups party-backed candidates together in one prominent column or row on the ballot, while other candidates are listed separately or in what is often referred to as “ballot Siberia.” New Jersey is the only state that uses this type of ballot system.
A similar lawsuit was filed in 2020, using the same lawyers as Kim’s recent suit, in an attempt to abolish the county line system. However, Democratic and Republican Party leaders in New Jersey oppose eliminating the line.
Kim argues that a select few “party elites” have the power to give their preferred candidates advantageous placement on the ballot, sharing a picture of a ballot using the county line system as evidence. He also references a Rutgers University study that shows candidates placed on the county line tend to have an advantage in elections.
“Right now NJ allows a handful of party elites to give their handpicked candidates preferential placement on the ballot. This is a deeply unfair advantage that disenfranchises voters by applying undue influence and suppressing choice of candidates.”
So far, Kim has defeated Murphy in all three counties that have held conventions in the primary race. The Murphy campaign has lost momentum since its successful start. Alex Altman, a spokeswoman for the campaign, dismisses the lawsuit as a “hypocritical stunt,” according to the New York Times.
“Andy Kim doesn’t have a problem with the county line system,” Altman said. “He has a problem with the idea of losing county lines — as he is perfectly happy to participate in the process when he wins.”
Murphy argues that she is simply following the existing rules and believes that any changes to the system should not be made during the campaign.
“If there are improvements to be made,” Murphy said, “then let’s have the improvements. But right now, we are in the middle of a campaign, and let’s just move forward with the ground rules as we have them.”
It remains uncertain whether a judge will hear Kim’s lawsuit before the state’s June 4 primary.
Why do critics argue that the county line system gives an unfair advantage to party-backed candidates?
Sey is one of only a few states that still use this system, with the majority of states instead using a fair ballot system.
Critics of the county line system argue that it gives an unfair advantage to party-backed candidates, while suppressing the visibility and chances of success for non-party-backed candidates. They argue that voters are more likely to vote for candidates listed in the prominent party-backed column, simply because of their placement on the ballot. This, they say, goes against the principles of fair and equal representation in elections.
Supporters of the county line system, however, argue that it helps voters easily identify party-backed candidates, who are more likely to adhere to the values and policies of their respective parties. They claim that this system simplifies the voting process and helps voters make informed decisions.
Rep. Andy Kim’s lawsuit seeks to challenge the constitutionality of the county line system in New Jersey. He argues that the system violates the First and 14th Amendments, as well as the Constitution’s elections clause. Kim and his fellow plaintiffs claim that the county line system undermines the principles of equal protection under the law and restricts their ability to compete on a level playing field.
Furthermore, Kim’s lawsuit alleges that the county line system disproportionately benefits certain candidates, including his primary opponent Tammy Murphy, who is New Jersey’s first lady. Kim argues that this gives those candidates an undue advantage in the election process, undermining the integrity and fairness of the system.
By taking legal action, Kim hopes to not only challenge the county line system in the upcoming June 4 primary but also to permanently abolish it in future elections. He believes that New Jersey should follow the lead of the 49 other states that use a fair ballot system, which allows for fair and equal representation of all candidates.
It remains to be seen how the lawsuit will progress and what impact it will have on New Jersey’s election system. However, Rep. Andy Kim’s legal challenge against the county line system raises important questions about the fairness and constitutionality of this long-standing practice. As the debate continues, it will be interesting to see whether other states with similar systems will face similar legal challenges in the future.
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