Judge dismisses lawsuit challenging county-line bracketing, citing mootness

A federal judge on Wednesday dismissed a lawsuit from a Duquesne law professor and minor congressional candidate challenging the legality of bracketing on New Jersey primary ballots, ruling New Jersey’s new ballot-design legislation renders the lawsuit moot.

Eugene Mazo, a constitutional law professor, ran a primary challenge in the 10th congressional district in 2020, pushing the bounds of the law on ballot slogans and bracketing. Though his ballot-slogan lawsuit was dismissed in 2022, another of his lawsuits challenged the fact that if candidates declined to bracket with other candidates, it could lead to them being pushed into disadvantageous slots on New Jersey’s old county-line ballot system. Mazo argued that the disadvantageous positioning violated his right to associate or not associate with anyone he sees fit.

But the county line no longer exists, and District Court Judge Zahid Quraishi ruled that makes Mazo’s lawsuit moot.

“Simply put, the Ballot Legislation expressly prohibits the exact ballot process that [Mazo] challenges as unconstitutional. Given that Defendants cannot reasonably be expected to engage in the Bracket System, [Mazo’s] claims are moot,” Quraishi wrote.

Quraishi kick-started the process of ending the county line when he ruled it was unconstitutional last year. Earlier this year, Gov. Phil Murphy signed a bill codifying the end of the county line in the state’s primary elections, moving the state toward an office-block format instead.