Appeals court orders Gloucester County to design new ballots in time for in-person voting

A New Jersey appeals court ruled Gloucester County officials must replace their illegal office-block ballots before in-person voting starts later this month, reversing a prior decision from a lower court judge. 

State law requires general election ballots to be designed in a column format, with parties and offices arranged on a grid. Republicans, in fact, won Column A in the county’s ballot drawing and spent money on materials pushing voters to vote for Column A.

But late last month, the Gloucester County clerk’s office, controlled by Democratic Clerk James Hogan, revealed the office-block ballot design; Republicans were surprised, and at least one Democrat privately acknowledged the ballot design could help downballot Democrats. The move potentially limits Republican Jack Ciattarelli’s coattails in a county where two competitive state Assembly seats are up for grabs, as well as control of the county government.

Gloucester County Republicans sued, but many ballots had already been sent out to voters who had asked to vote by mail.

Republicans asked for emergency relief, including the printing of legal column-based ballots in time for in-person voting. Superior Court Judge Benjamin Telsey determined the ballots were illegal, but expressed worries that voters could be confused if the election were operated on two different ballot designs and ruled that the unlawful ballots could stay. (He also ordered Hogan to pay the Republicans $26,007 to change printed materials telling voters to vote for Column A.)

Today, the appellate court overruled Telsey and ordered officials to prepare column-based ballots for in-person voting.

Two judges, Greta Gooden Brown and Ellen Torregrossa-O’Connor, said concerns about voter confusion were not based on evidence.

“First, as the judge correctly found and defendants do not contest, the existing ballot design does not comply with [state laws], which plainly require ballots for the general election to be arranged in a ‘column’ format,” the appeals court wrote. “Defendants point to nothing in these provisions that would afford a county clerk any discretion to depart from that format. There is therefore no question plaintiffs are correct on the merits.”

The decision means Gloucester County residents voting by mail will use a different ballot than those who vote in person.

“All things considered, we are convinced the record did not support the judge’s denial of relief as to the ballots for in-person voting, which are the only ballots that remain at issue in this application,” the judges wrote.

Early voting starts Oct. 25. The Superintendent of Elections and Board of Elections said they need revised ballots by Oct. 15 to have them ready for Oct. 25.

The ballot switcheroo angered Republicans. Assembly Minority Whip Brian Bergen said he plans to file impeachment charges against the 84-year-old Hogan.