End of the “Line”? Part II: Judge Issued Preliminary Injunction

In a decision that could dramatically shift the power of New Jersey political bosses, a federal judge granted a preliminary injunction against the ballot design that allowed candidates to be bracketed together in a column or line known as the “Line” for the 2024 primary elections.

In an Opinion issued on Friday, March 29, 2024, US District Judge Zahid Quraishi stated that:

“As a final note, the Court wishes to make clear that it recognizes the magnitude of its decision. The integrity of the democratic process for a primary election is at stake and the remedy Plaintiffs are seeking is extraordinary. 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.”  

The “Line” is the election ballot design that allows preferred candidates from one party to be aligned or stacked under one column or line.  New Jersey is the only state in the U.S. that still allows this ballot design.

In February of this year, Congressman Andy Kim, seeking to be the Democratic candidate for the US Senate, filed a federal lawsuit last month seeking to ban the “Line” saying that the ballot design is a violation of the First and 14th Amendments of the US Constitution.  

According to studies by Rutgers Associate Professor Dr. Julia Sass Rubin, candidates who run on the “Line” have a 35-percentage point advantage over opponents who are not on the “Line”.

In its 2022 Report, the Holmdel Charter Study Commission stated:

"This advantage is so overwhelming that a new party-endorsed challenger can defeat even a well-known incumbent solely because of being “on the line.”  Two examples Dr. Rubin cited were from the 2021 primary election: 5-term Republican Assemblywoman Betty Lou DeCroce lost her re-election after losing the line in Morris County and 2-term Republican Assemblywoman and former Holmdel Mayor Serena DiMaso lost her re-election after losing the line in Monmouth County.

Dr. Rubin explained that winning the primary can be tantamount to winning the general election because many of the districts are so heavily weighted towards one party that the general election is a foregone conclusion.”

In many cases, not being on the line also discourages candidates from running or dropping out before the primary.  All this combines to limit the real choice of candidates by voters.

While voters may exercise their Constitutional right to vote, they are not the real deciders in New Jersey’s political system under partisan elections with a ballot design that includes the “Line”.

This enormous power to select the preferred winning candidates rests with just a few political insiders – in many cases just the County party chairman.  At times for local elections, critics have called it election interference when that party boss does not live in a local town but can and has select local candidates who are beholden to him or her, against the wishes of the local municipal committee.

What Now?

This landmark decision is expected to be appealed.  However, in granting the injunction, the judge must consider, among different factors, whether the plaintiff has a reasonable probability of success on the merits and whether irreparable harm would result if the relief sought is not granted.

In his decision, which appears to be carefully considered and worded, Judge Quraishi states that:

“… Plaintiffs have come forward seeking emergent relief and support their application with a substantive factual record, including expert reports and credible expert and factual testimony. On the basis of that record, the Court finds that there is a sufficient likelihood that Plaintiffs will succeed on the merits of their First Amendment claims.”

Is this the end of the “Line?  It is starting to look like it.  Stay tuned.