Quraishi hints that parts of new ballot design law are unconstitutional

In a lawsuit challenging the constitutionality of county lines on primary election ballots, U.S. District Court Judge Zahid Quraishi suggested today that New Jersey’s new ballot design law may contain provisions that contradict his previous rulings and might retain jurisdiction to consider any future challenges.

“The timing of the Legislature’s decision to act also gives the Court pause,” Quraishi wrote.  “In short, the Legislature has demonstrated a reluctance to act to change past ballot practices followed by a willingness to act to protect those same practices.  This suggests to the Court that further Legislative action can reasonably be expected.”

It’s possible that Quraishi was signaling that the new ballot law might have “unconstitutional features.”

Quraishi pointed out that the initial challenge to the lines was filed in February 2020, another in February 2024 filed by now-U.S. Senator Andy Kim, his preliminary injunction came in March 2024, and an affirmation of his ruling came from the Third Circuit U.S. Court of Appeals in April 2024.

In today’s decision, Quraishi denied motions by county clerks in Bergen and Union counties to dismiss the Kim case, and for the Bergen clerk’s motion for summary judgment in the first case, known as Conforti.   The clerks had argued that legal fees should be paid by the State of New Jersey, not the county clerks.

He ordered attorneys for the Bergen and Union county clerks to meet by Monday and let him know if the parties were agreeing to dismissal or if they intend to amend their complaints.

The judge did not address the issue of attorney fees today, something that could be viewed as a move to award fees if the case continues to move forward.