Rep. Andy Kim (D-NJ) scored a win in his lawsuit against New Jersey county clerks who use the “county line” in their ballots, but U.S. District Judge Zahid Quraishi’s preliminary injunction will only affect the Democratic primary despite both parties having used the county line.

Quraishi issued a clarifying statement and said only the Democratic primary will use the new ballot, which includes the race to unseat indicted Sen. Bob Menendez (D-NJ), who said he may run as an independent. Kim, who is running to replace Menendez, originally filed the lawsuit when New Jersey first lady Tammy Murphy was in the race.

“The Court’s order is therefore limited to the 2024 Democratic Primary Election only, and this Court declines to extend the scope of its decision beyond the limitations of the present litigation,” Quraishi wrote in a brief statement issued Saturday.

The Republican ballot can stay the same, as the lawsuit made no mention of the Republican primary. Quraishi, however, did not prohibit the New Jersey GOP from changing its ballot design to reflect his injunction for Democrats.

“Nonetheless, nothing in this Court’s March 29, 2024 Order prevents the Republican Party and its leadership from appreciating this Court’s preliminary injunction and taking steps to amend the ballot system for its primary election similar to what this Court has ordered for the Democratic primary,” Quraishi wrote.

The county line places party-backed candidates in one row or column with other candidates placed somewhere else on the ballot in what is sometimes called “ballot Siberia.” Studies confirm that candidates in the county line are more likely to be elected.

In the GOP Senate primary, Mayor Christine Serrano-Glassner of Mendham, New Jersey, and entrepreneur Curtis Bashaw are competing for the Republican nomination. Bashaw, who is regarded as being more of a centrist, has the county line in the majority of the state. Serrano-Glassner supported Quraishi’s decision, while Bashaw said the timing was “unfair.”

“We made a decision to go forward with the race based on the rules. We allocate resources based on the rules. It seems unfair to change the rules in the middle of the game,” Bashaw told Politico.

Warren County Republicans did not say if they would keep the county line but noted they did not use the county line until Democrats sued them for one. 

“Warren County didn’t have a line until the Democrats sued for one in 2017/2018. Now they sued to NOT have one. Who pays for their fickleness? You, the taxpayer. #njproblems,” the Warren County GOP posted in response to Quraishi’s clarification.

Some Democratic county clerks are appealing Quraishi’s order, while others have decided to let the ruling stand. Of the 19 counties that used the county line, 17 have appealed the decision. 

The mayor of Jersey City, New Jersey, Steve Fulop, whose last-minute endorsement switch from Murphy to Kim rocked Murphy’s campaign, said Hudson County (where the city is located) will not appeal the decision.

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“Commissioner Odea and I spoke to the Hudson County Clerk this AM — Junior Maldonado. The clerk informed counsel that Hudson will not be participating in the appeal — it’s a good and important step — Junior said he will allocate the money towards voter education instead of legal fees for an appeal. I hope other counties follow,” he said on X. Fulop is running for governor of New Jersey in 2025.

New Jersey’s primary is on June 4.