Rep. Andy Kim (D-NJ) will be placed on the county line in a majority of New Jersey counties ahead of the state’s primary despite him filing a lawsuit to do away with the line. 

In the wake of New Jersey first lady Tammy Murphy dropping out of the race to replace Sen. Bob Menendez (D-NJ), Kim is the likely nominee. He will be placed on the county line in 19 of the 21 counties that use the system. 

“They did ask if I would sub in if Tammy Murphy were to make that decision not to run, so I agreed to do so,” Kim said. He confirmed he met with county officials in counties where Murphy was slated to be placed on the line and that he would replace her.

The county line has come under scrutiny in the past few weeks after Kim filed a lawsuit against county clerks who use the line, claiming it is “unconstitutional.”

The county line places party-backed candidates in one row or column on the ballot with others placed elsewhere, in what is sometimes referred to as “ballot Siberia.” Studies show candidates placed on the line have up to a 38-point advantage over their opponents. 

Attorneys representing the county clerks argue that Murphy’s exit from the race changes the circumstances of the lawsuit. 

“Andy Kim will hold the ballot position this very lawsuit alleges is unconstitutional in every county in the state that utilizes this design,” said Mark Natale, who represents Burlington County Clerk Joanne Schwartz. “This new development drastically changes the relevant analysis of irreparable harm, the court’s weighing of the balance of the harms, and it invalidates a large portion of the factual record in this case.”

U.S. District Judge Zahid Quraishi, who is overseeing the case, said he will accept letters regarding new developments from both parties in the case until 5 p.m. on Wednesday. 

A cornerstone of Kim’s campaign was fighting against the county line. He had said the system was “unfair” and “not a system I want to participate in.”

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“Regardless, I will just continue to be an advocate for us to be able to change the system and be able to have the office block ballot that I believe are necessary for us to have the kind of fair system that we need and we move away front his unfair, unconstitutional system that we’ve had in the state for too long,” Kim said.

Lawmakers in New Jersey said they are open to changing the ballot system. Prior to the lawsuit hearings beginning, the New Jersey attorney general said he would not defend the line in a court of law.