NJ Rep. Kim will continue suit to end county line system after Murphy suspends campaign

Published Mar 24, 2024 at 7:34 p.m. ET

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Published Mar 24, 2024 at 7:34 p.m. ET

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New Jersey First Lady Tammy Murphy’s sudden departure from the U.S. Senate race on Sunday will not stop another candidate’s federal lawsuit to end the state’s unusual county line ballot system before the June Democratic primary.

New Jersey Rep. Andy Kim’s team confirmed the news to Gothamist on Sunday.

“He will continue to press so that we can have essentially a fair election and where his constitutional rights don’t have to be bargained for,” said attorney Yael Bromberg, who is part of Kim’s legal counsel.

That’s even though Kim now stands to benefit more than any other candidate from the unusual ballot system — a quirk of New Jersey’s ballots that doesn’t exist in any other state.

The county line system gives an edge to primary candidates endorsed by county party committees. In some cases, those endorsements are awarded through county conventions where delegates vote. But in some of the state’s largest and most Democrat-rich counties, the endorsements are awarded directly by party bosses — most of whom backed Murphy.

Despite Kim’s run of wins at most of the conventions where delegates voted by secret ballots, Murphy was still set to get preferential treatment on the ballots used by two-thirds of New Jersey Democrats.

In the county line system — used in 19 of New Jersey’s 21 counties — the endorsed candidates for all offices appear in a single row or column. Researchers say that makes them seem more legitimate, and confers an advantage the candidates rarely overcome. Critics argue it’s a way for the state’s political elite to protect entrenched interests and keep newcomers from getting elected.

If Kim’s lawsuit succeeds, all candidates for a particular race will be grouped together

“Congressman Kim strongly believes that New Jersey should move to a fair, office block ballot system,” Anthony DeAngelo, Kim’s senior adviser, said in a statement. “It’s the right thing for our democracy and the right thing for our state.” .

The issue became a frequent talking point for Kim and his campaign against his then-competitor. Murphy – who is married to Gov. Phil Murphy – received sizable amounts of support from some of the state’s most powerful Democrats. Within days of announcing her campaign, she received personal endorsements from chairs of eight of the state’s Democratic county committees.

Kim cultivated a reputation for being a grassroots candidate with the backing of several progressive organizations. His suit specifically looks to end the use of the county line in the June primary, but has common cause with another that was filed in 2020 by several former political candidates and the New Jersey Working Families Alliance. More plaintiffs have since been added to that suit, which remains in the courts.

Patrick Murray, a Monmouth University Pollster, said Kim’s battle against the county line “can continue to have some legs in New Jersey.”

“While it now seems clear that [Kim’s] going to get the line in every county, he could still say he doesn't want it, [but that] he'll run on it if that's the way the ballots are,” Murray said.

Last week, the state’s attorney general called the county line system “unconstitutional,” and said he wouldn't help defend it in court. In the time since, the legislative leaders of both major parties issued a joint letter saying they’re open to exploring a different system, but that effort wasn’t expected to result in any changes before the primary.

Murray acknowledged the race between Kim and Tammy Murphy has become a proxy battle for the fight over the county line itself. But he said Kim has articulated a message of restoring integrity to Washington, which in a campaign to succeed indicted Sen. Bob Menendez, could resonate with voters..

Bromberg, the attorney working with Kim, noted that even with Tammy Murphy’s departure, there are still two other congressional candidates on the ballot who are also plaintiffs in the lawsuit. These candidates, the attorney said, will also be affected by the county line.

“We know that the voters – and the people of New Jersey – think that the line is an unconstitutional and unfair construct that violates the right to vote,” she said.

Kim remains in the primary race with longtime activists Lawrence Hamman, Patricia Campos-Medina, though both lag far behind Kim polling and party support.

The Republican primary will see a contest between hotel entrepreneur Curtis Bashaw, Mendham Borough Mayor Christine Serrano Glassner and former News 12 New Jersey reporter Alex Zdan. But New Jersey hasn’t sent a Republican to the Senate in more than half a century.

Louis C. Hochman contributed reporting.

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Giulia Heyward is a reporter on the People and Power desk who covers politics and breaking news. She previously worked at NPR, as a breaking news reporter, and the New York Times, as a reporting fellow on the national desk. Her work has also appeared in CNN, The Atlantic and Politico. Got a tip? Email gheyward@nypublicradio.org or Signal 917-715-1458.

Gothamist is funded by sponsors and member donations

Gothamist is funded by sponsors and member donations

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