A Superior Court Judge today agreed that Burlington County Clerk Joanne Schwartz had the legal authority to use office block ballots in the Republican primary.
The judge, John E. Harrington, cited a preliminary injunction granted by U.S. District Court Judge Zahid Quraishi that barred county organization lines in the Democratic primary and a letter from Attorney General Matt Platkin saying he can’t defend the constitutionality of lines.
He said the statute gives the county clerk discretion in designing ballots.
“What choices did the Burlington County clerk actually have anymore? For that matter, what does any clerk have anymore?” Harrington asked. “But it’s not before me right now. That’s for the other case.”
The other case is one filed in Mercer County by U.S. Senate candidate Albert Harshaw and House candidates Shirley Maia-Cusick, Gregg Mele, and Hector Castillo, seeking to invalidate Republican lines in the rest of the state.
Harrington will hear oral arguments in that case on Friday, opening the door to a brand new Republican primary. Still, Schwartz was the only county clerk to take a Republican line away.
“Both legal actions stem from a preliminary injunction signed by U.S. District Court Judge Zahid Quraishi on March 29 mandating the use of office block ballots in the June 4 primary. The issue became more baffling the following day when Quraishi clarified his order to apply only to Democrats since Republicans never challenged the process.
The Third Circuit U.S. Court of Appeals will hear oral arguments on an expedited appeal of Quraishi’s decision tomorrow morning.