Senate candidate Rep. Andy Kim (D-NJ) filed a federal lawsuit Monday in New Jersey over the state’s controversial “county line” system.
Kim argued the current system favors certain candidates, in this case, New Jersey’s first lady and his Senate primary opponent Tammy Murphy. The lawsuit states the current system violates the First and 14th amendments and the Constitution’s elections clause. Kim is joined in the lawsuit by two other Democrats, Sarah Schoengood and Carolyn Rush, who are both 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 of New Jersey’s 21 counties currently use the county line system. The county line groups party-backed candidates together in one clear column or row, with other candidates listed separately, or in what is sometimes referred to as “ballot Siberia.” New Jersey is the only state with this ballot system.
A similar lawsuit was filed in 2020, using the same lawyers in Kim’s recent suit, to abolish the county line system. Democratic and Republican Party leaders in the Garden State oppose abolishing the line.
Kim said a handful of “party elites” are able to give preferential placement on the ballot to their preferred candidate, sharing a picture of a ballot using the county line system. He cited a Rutgers University study that shows candidates placed on the county line are usually favored in elections.
Kim has beaten Murphy in all three counties that have had conventions in the primary race so far. The Murphy campaign has lost momentum from its successful start. Alex Altman, spokeswoman for the campaign, believes the lawsuit is 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 said she is following the rules that currently exist, and if those rules should be changed, changes should not be made while campaigning.
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“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 is unclear whether a judge will hear Kim’s lawsuit before the state’s June 4 primary.
