New Jersey Attorney General Matt Platkin sent a letter to a federal judge saying the county line is “unconstitutional” and that he does not plan to defend it in court.
Platkin said the attorney general’s office does not plan to intervene in the lawsuit brought by Rep. Andy Kim (D-NJ) against more than a dozen county clerks for using the county line.
“The Attorney General writes to inform this Court of his decision not to intervene in this matter,” according to the letter. “In light of the evidentiary record, the Attorney General has concluded that the challenged statutes are unconstitutional and therefore will not be defending them.”
The attorney general’s move does not necessarily mean Judge Zahid N. Quraishi will outlaw the county line system, but it would make that decision easier.
“The record lacks evidence showing that these laws advance the relevant government interests; instead, the record confirms that they do not,” Platkin wrote. “Both observational and randomized experimental evidence alike show that voters are more likely to make errors when encountering grid ballots with bracketing than standard office-block ballots.”
In the race to unseat Sen. Bob Menendez (D-NJ), first lady Tammy Murphy holds the county line in the state’s most populous counties. Removing the line would be at a disadvantage to her campaign against Kim, who is leading in the polls.
“Outside the context of any campaign, Governor Murphy has consistently and accurately noted that the bracketing of candidates is permitted by duly enacted laws that have been on the books for decades,” Mahen Gunaratna, a spokesman for Gov. Phil Murphy (D-NJ), said. “It is well-established that Attorneys General have a general obligation to defend the constitutionality of statutes, regardless of their own personal views.”
Murphy lost a previous endorsement from Mayor Steven Fulop of Jersey City, New Jersey, as he endorsed Kim on Sunday, saying he was “disappointed” that the Murphy campaign had not commented on the county line.
“After watching the county conventions, I believe that Andy Kim has proven that he’s the better candidate, with a clearer message, and he brings a better chance of success in November,” Fulop said. “At this point, I don’t think it’s in the state’s best interest for Tammy to continue her campaign.”
In Camden County’s convention this weekend, Kim and another opponent, Patricia Campos-Medina, were not allowed into the convention. Murphy did not condemn Camden County Democrats for the move.
“You’ll have to talk to Camden,” Murphy said. “I think we all have been playing by the same rules in the counties. We’re all showing up and trying to do our best. Some of us have a better chance in some counties, and some have a better chance in other counties.”
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Kim defended Campos-Medina and criticized Camden County Democrats for not allowing the two of them to speak at the convention.
“When Patricia shows up and is right there at the building, how do you not let a Senate candidate into the building to just at least be able to say a few words?” Kim said. “She wasn’t asking for much, I’m guessing just a few minutes of their time. I requested to be able to attend that meeting and was rejected and denied. I just don’t understand it.”