Hudson County Clerk Junior Maldonado is considering office block ballots in the Republican primary despite a federal judge’s ruling that the ban on county organization lines applied only to the Democrats.
“It’s a consideration,” Maldonado told the New Jersey Globe. “If the judge is saying it’s unconstitutional on the Democratic side, I don’t see how it’s constitutional on the Republican side. As a constitutional officer, I have a responsibility to protect all of the people.”
Maldonado texted Hudson County GOP Chairman Jose Arango last night to let him know he might go in that direction. Arango is also the chairman of the New Jersey Republican Chairs Association—known as the chair of the chairs—and that led to the group’s attorney, Matt Moench, firing off a letter to Maldonado.
“As you know, the United States District Court for the District of New Jersey recently issued a decision enjoining the use of New Jersey’s ballot bracketing system in the June 2024 Democratic primary elections,” Moench said. “However, this decision was explicitly restricted to the Democratic primary elections as the Court clarified in a subsequent letter order.”
Moench’s letter was also sent to all 21 county clerks to ensure they don’t violate the order issued Saturday by U.S. District Court Judge Zahid Quraishi.
“As the court correctly points out, the injunction has no effect on the Republican primary elections,” Moench said. “County clerks must continue to use the ballot bracketing system as prescribed by New Jersey statute.”
Maldonado is among a small number of county clerks to opt out of an appeal to Quraishi’s ruling to the Third Circuit U.S. Court of Appeals.
He said he’s asked the county’s election machine vendor, ES&S, to determine if he can run a primary election using dual platforms.
“I’m still waiting to hear the limitations from the ES&S side,” he said. “I’m waiting for a final decision.”
All 21 county clerks are statutorily required to hold ballot drawings at 3 PM on Thursday.
In his letter, Moench points out that the current statute remains in effect that requires all candidates who file a joint petition with the county clerk, and who share the same slogan, “shall be drawn for position on the ballot in unity.”
“If you, or any county clerk, fail to uphold your constitutional duty, then immediate legal action will be taken to compel your constitutionally mandated compliance with New Jersey’s bracketing system statutes, with respect to the 2024 Republican primary elections,” Moench stated.