New Jersey Secretary of State Tahesha Way is standing by her June decision to reject a bid by Rep. Tom Malinowski (D-Ringoes) from appearing on the ballot as the candidate of both the Democratic and Moderate parties.
“Having reviewed the papers submitted in support of the request for reconsideration of the June 8, 2022 decision, and the arguments set forth therein, the request for reconsideration of the June 8, 2022 decision is denied,” Way said in a letter to the attorney representing the Moderate Party.
The Moderate Party had pledged to go to court to contest the constitutionality of New Jersey’s ban on fusion voting after Way determined on June 8 that state law prohibited the Democratic congressman from appearing on the ballot twice for the same office.
But instead of filing a lawsuit, the fledgling Moderate Party waited five weeks and then sent a letter to Way on July 8 asking that she reconsider.
“Tom Malinowski’s latest attempt to skirt the law to benefit his own political ambitions was never going to get off the ground,” said Harrison Neely, a spokesman for the Republican candidate, Tom Kean, Jr. “Tom Malinowski isn’t fooling anyone into believing he’s a moderate.
There is little likelihood now that that Malinowski and the Moderates could get their challenge to fusion voting decided by the courts in time for the November 2022 general election.
Federal law requires military ballots to go out by September 24.
“No candidate shall sign an acceptance of nomination on a General Election petition for nomination for an office if the candidate has signed an acceptance of nomination on a petition for the Primary Election nomination for the same office,” Way wrote on Tuesday. “Given Congressman Malinowski previously submitted a petition for the June 7, 2022 primary election nomination of the Democratic Party for the office of United States House of Representatives, 7th congressional district, he is not permitted to file a direct nomination petition for the November 8, 2022 general election ballot.”