A federal judge has granted Rep. Andy Kim’s request to bar New Jersey election officials from printing primary ballots that give certain candidates favorable placement, a practice known as the “county line.” U.S. District Judge Zahid Quraishi instead ordered officials to prepare ballots “organized by office sought”—the system used in every other state—rather than one that places candidates endorsed by county parties in a special row or column.
In a 49-page opinion, Quraishi agreed with Kim and two House candidates who were co-plaintiffs that the county line violated their First Amendment rights by conferring an unfair advantage on anyone who receives special ballot placement. One expert who testified on Kim’s behalf, Rutgers professor Julia Sass Rubin, concluded that between 2002 and 2022, candidates on the county line enjoyed an average boost of 38 points.
The New Jersey Globe’s David Wildstein reports that some defendants plan to appeal, but should Quraishi’s ruling stand, its impact on the Senate race may be minimal. Kim’s top rival, former financier Tammy Murphy, recently dropped her bid just ahead of this year’s filing deadline, and most party leaders in counties that had previously awarded their line to Murphy said they would instead grant it to Kim.
Two other Democrats remain in the primary, labor activist Patricia Campos-Medina and community organizer Larry Hamm, but they’ve struggled to earn major endorsements or register in public polling That makes Kim the favorite to earn the Democratic nomination, and in solidly blue New Jersey, he’s likewise favored to win the general, too. (Sen. Bob Menendez, who will soon go on trial on federal corruption charges, is not participating in the primary but has said he might run as an independent, though his standing in the polls is abysmal.)
However, the disappearance of the line could have a more dramatic effect on other races. For instance, as Inside Elections’ Jacob Rubashkin suggests, it could spell trouble for Democratic Rep. Rob Menendez, the son of the indicted senator, who is seeking reelection in the safely blue 8th District. The younger Menendez had been counting on the county line, which he received in all three of the district’s counties, to help him defeat his well-funded primary challenger, Hoboken Mayor Ravi Bhalla.
The race to succeed Kim in the House could also be affected. Assemblyman Herb Conaway has likewise gotten the line in the three counties that make up the solidly blue 3rd District, but now, a more level playing field could open up the Democratic primary. In the future, though, the end of the county line could have even greater consequences, especially in next year’s race for governor. Incumbents at all levels in both parties could also face more frequent and vigorous primary challenges.