Fight over ‘county line’ back in court

County party organizations have joined to defend the nominating system

Ted Goldberg | April 12, 2024 | NJ Decides 2024, Politics

The controversial “county-line” system of ballot design for New Jersey’s primary elections looked all but dead, but legal challenges continued on Friday.

Two weeks after a federal district judge tossed out the county line in New Jersey’s upcoming Democratic primary, the Camden County Democratic Committee led the fight to overturn that ruling in Philadelphia on Friday, as lawyers for both sides argued before the U.S. Third Circuit Court of Appeals.

Lawyers for the Camden County party argued the district court’s decision violates the group’s constitutional rights as an organization and will leave voters with less guidance when they head to the polls. Other county party organizations, including the Middlesex County Democratic Organization, have joined in to support the appeal.

“The Camden County Democratic Committee has the right, the constitutional right and the statutory right to affiliate and endorse those candidates that they believe the committee believes will best serve the people that it represents,” said William Tambussi, the lawyer representing the Camden County party.

The line was initially challenged by U.S. Rep. Andy Kim, (D-3rd) in his own election bid to replace U.S. Sen. Bob Menendez. Kim launched his campaign without the support of many key county party organizations, but he has since garnered that support after first lady Tammy Murphy dropped out. Kim’s lawsuit to overturn the line was also joined by candidates in down-ballot races who said they’d been harmed by an unfair system.

“[TheĀ  county-line system] has really been a strain on democracy in New Jersey for a really long time, and I think the public’s behind us,” said Brett Pugach, a lawyer representing Kim. “So we have the court of public opinion, and we hope to have the Third Circuit as well.”