Third Circuit Court of appeals does not stop redesign of NJ primary ballots

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Third Circuit Court of appeals does not stop redesign of NJ primary ballots
The federal court order that will redesign New Jersey’s Democratic primary ballots is still standing — and the appeal process seems to be in hyper drive — according to decision issued by the U.S. Court of Appeals for the Third Circuit in Philadelphia on Wednesday afternoon.

The order, issued by a federal judge last week, calls for the June 4 Democratic primary to use so-colled office block-style ballots that are in use in 49 other states and two New Jersey counties instead of the county line design that has been used in the Garden State in January. Issued by U.S. District Judge Zahid Quraishi on March 29, the order came in a lawsuit brought by Rep. Andy Kim in February to challenge the county line.

A group of New Jersey county clerks had sought to stall Quraishi’s order, but the Third Cicruit denied their motion. Judges gave no specific reason for the denial but did outline a schedule for the appeal process.

Elko County, NV 2018 Democratic primary ballot, left, and Sussex County, DE 2018 Democratic primary ballot, right, are examples of a block design and how it would look if Rep. Andy Kim prevails in his lawsuit.
Elko County, NV 2018 Democratic primary ballot, left, and Sussex County, DE 2018 Democratic primary ballot, right, are examples of a block design and how it would look if Rep. Andy Kim prevails in his lawsuit.

Though appeals can typically take years, in this case briefs are due this week and oral arguments will be held next Friday, April 12, in Philadelphia.

Quraishi had already denied a similar request from the clerks. He later clarified that his order only impacted the Democratic primary and not the Republican primary, but a group of Republican challengers have since filed to join the suit as well.

Earlier: Does the end of NJ’s party line on primary ballots mean anything for Republicans?

What comes next?

An example of Mercer County, 2020 traditional county line.An example of Mercer County, 2020 traditional county line.

An example of Mercer County, 2020 traditional county line.

The deadline for candidates to join New Jersey’s June 4 primary passed last week, and ballots are scheduled to be mailed to voters at the end of April.

Kim filed the suit while he was in a primary battle with first lady Tammy Murphy for the Democratic nomination for U.S. Senate. The seat is currently held by Sen. Bob Menendez. Murphy has since dropped out of the race.

In his preliminary opinion, Quraishi said he “recognizes the magnitude” of the decision and that the “integrity of the democratic process for a primary election is at stake.”

The denial issued Wednesday means that clerks now have to start getting office block style ballots ready for the Democrats.

Katie Sobko covers the New Jersey Statehouse. Email: sobko@northjersey.com

This article originally appeared on NorthJersey.com: NJ primary ballot redesign can proceed, appeals court says

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