Trenton, New Jersey – Attorney General Matt Platkin has declared three New Jersey statutes that govern the state’s primary ballots as unconstitutional. In a letter sent to Judge Zahid N. Quraishi, Platkin stated that his office will not defend these statutes. The announcement comes as Judge Quraishi is expected to rule against the “county line” system in a lawsuit filed by U.S. Senate candidate Andy Kim.
The “county line” system refers to the county party line on New Jersey’s primary ballots. Platkin’s opposition to this system holds significant weight as he is an upper echelon member of the Murphy Administration, even as Governor Phil Murphy’s wife, Tammy Murphy, competes against Kim in the Democratic Primary for the United States Senate.
Platkin argues that New Jersey’s primary ballot design is unique and outdated. The state uses a grid ballot with a bracketing system, which differs from the more common office-block ballots used throughout the country. He believes that the grid ballot system, along with the bracketing of candidates, undermines the government’s interests.
Platkin’s decision not to defend the statutes stems from a review of the evidentiary record. He claims that there is no reliable empirical evidence countering the record evidence presented by the other parties. Platkin concludes that the “county line” system imposes a burden on voters and candidates, infringing on their constitutional rights.
Moreover, Platkin argues that these laws fail to advance the government’s interests. The grid ballot and bracketing system have been shown to result in more errors by voters and do not accurately reflect the true associational preferences of candidates. Platkin suggests that other forms of ballots, such as the widely-used office-block ballot, can achieve the government’s objectives without the need for the challenged statutes.
Although the Attorney General traditionally defends all state statutes, the exceptional circumstances of this case have led Platkin to make the rare decision not to defend the constitutionality of the challenged statutes. He states that subsequent court decisions and New Jersey’s unique use of bracketing further justify his decision.
As a result of this declaration, the Attorney General will move to withdraw as an intervenor in related cases. This includes seeking the dismissal of the Secretary of State from one of the cases, as she does not administer or enforce the statutes in question.
Platkin’s letter signifies a significant development in the ongoing legal battle over New Jersey’s primary ballot design. The outcome of the lawsuit could have far-reaching implications for future elections and the democratic process in the state.