Federal judge dismisses suite challenging NJ primary election system
by Karen Sudol in The Record
...“By denying over 2.6 million New Jersey voters the right to cast a vote in primary elections, the state has disenfranchised nearly half of its electorate, thereby, giving private political parties a state subsidized advantage and partisan voters greater and unequal access to the voting franchise,” the lawsuit contended.
Harry Kresky, one of three lawyers representing the plaintiffs, said they were considering an appeal.
“Judge Chesler treated the case from a vantage point that the plaintiffs who were mainly independent voters were seeking to vote in the primaries,” he said. “That’s not what they’re seeking – it’s whether the state can fund and conduct an election system that gives favorable treatment to voters who are members of major parties.”...
Harry Kresky, one of three lawyers representing the plaintiffs, said they were considering an appeal.
“Judge Chesler treated the case from a vantage point that the plaintiffs who were mainly independent voters were seeking to vote in the primaries,” he said. “That’s not what they’re seeking – it’s whether the state can fund and conduct an election system that gives favorable treatment to voters who are members of major parties.”
- See more at: http://www.northjersey.com/news/federal-judge-dismisses-suit-challenging-nj-primary-election-system-1.1069358#sthash.77x0Bn8J.dpuf
“Judge Chesler treated the case from a vantage point that the plaintiffs who were mainly independent voters were seeking to vote in the primaries,” he said. “That’s not what they’re seeking – it’s whether the state can fund and conduct an election system that gives favorable treatment to voters who are members of major parties.”
- See more at: http://www.northjersey.com/news/federal-judge-dismisses-suit-challenging-nj-primary-election-system-1.1069358#sthash.77x0Bn8J.dpuf
Harry Kresky, one of three lawyers representing the plaintiffs, said they were considering an appeal.
“Judge Chesler treated the case from a vantage point that the plaintiffs who were mainly independent voters were seeking to vote in the primaries,” he said. “That’s not what they’re seeking – it’s whether the state can fund and conduct an election system that gives favorable treatment to voters who are members of major parties.”
- See more at: http://www.northjersey.com/news/federal-judge-dismisses-suit-challenging-nj-primary-election-system-1.1069358#sthash.77x0Bn8J.dpuf
“Judge Chesler treated the case from a vantage point that the plaintiffs who were mainly independent voters were seeking to vote in the primaries,” he said. “That’s not what they’re seeking – it’s whether the state can fund and conduct an election system that gives favorable treatment to voters who are members of major parties.”
- See more at: http://www.northjersey.com/news/federal-judge-dismisses-suit-challenging-nj-primary-election-system-1.1069358#sthash.77x0Bn8J.dpuf
The Record
Independent voters who challenged the constitutionality of New Jersey’s
primary election system by claiming they had a right to vote in
elections that nominate candidates for general runoffs received a blow
last week when a federal judge determined that the system will remain
intact.
Judge Stanley R. Chesler of U.S District Court in Newark wrote that while the plaintiffs in the suit believe the fundamental right to vote extends to primary elections conducted by political parties of which they are not members, that is not the law established by the U.S. Supreme Court.
“The Supreme Court has drawn an important distinction between casting a ballot in a general election, which implicates the fundamental right to vote and nominating a candidate for a general election, which does not,” he wrote in his 12-page decision that dismissed the suit on Thursday.
The lawsuit was filed in March by seven registered voters – four unaffiliated, including one from Bergen County, and three registered with a party – and two non-profit organizations that represent independent voters. Lt. Gov. Kim Guadagno, who serves as the acting secretary of state, was named as the defendant because she administers the state election system.
The plaintiffs challenged the constitutionality of New Jersey’s primary election system that allows political parties the right to use taxpayer money to pay for the elections. By appropriating public money for private purposes, it forces unaffiliated voters to pay for an election process that denies them full participation, according to the lawsuit.
“By denying over 2.6 million New Jersey voters the right to cast a vote in primary elections, the state has disenfranchised nearly half of its electorate, thereby, giving private political parties a state subsidized advantage and partisan voters greater and unequal access to the voting franchise,” the lawsuit contended.
Harry Kresky, one of three lawyers representing the plaintiffs, said they were considering an appeal.
“Judge Chesler treated the case from a vantage point that the plaintiffs who were mainly independent voters were seeking to vote in the primaries,” he said. “That’s not what they’re seeking – it’s whether the state can fund and conduct an election system that gives favorable treatment to voters who are members of major parties.”
Representatives of the governor’s office could not immediately be reached for comment on Monday evening.
- See more at:
http://www.northjersey.com/news/federal-judge-dismisses-suit-challenging-nj-primary-election-system-1.1069358#sthash.77x0Bn8J.dpufJudge Stanley R. Chesler of U.S District Court in Newark wrote that while the plaintiffs in the suit believe the fundamental right to vote extends to primary elections conducted by political parties of which they are not members, that is not the law established by the U.S. Supreme Court.
“The Supreme Court has drawn an important distinction between casting a ballot in a general election, which implicates the fundamental right to vote and nominating a candidate for a general election, which does not,” he wrote in his 12-page decision that dismissed the suit on Thursday.
The lawsuit was filed in March by seven registered voters – four unaffiliated, including one from Bergen County, and three registered with a party – and two non-profit organizations that represent independent voters. Lt. Gov. Kim Guadagno, who serves as the acting secretary of state, was named as the defendant because she administers the state election system.
The plaintiffs challenged the constitutionality of New Jersey’s primary election system that allows political parties the right to use taxpayer money to pay for the elections. By appropriating public money for private purposes, it forces unaffiliated voters to pay for an election process that denies them full participation, according to the lawsuit.
“By denying over 2.6 million New Jersey voters the right to cast a vote in primary elections, the state has disenfranchised nearly half of its electorate, thereby, giving private political parties a state subsidized advantage and partisan voters greater and unequal access to the voting franchise,” the lawsuit contended.
Harry Kresky, one of three lawyers representing the plaintiffs, said they were considering an appeal.
“Judge Chesler treated the case from a vantage point that the plaintiffs who were mainly independent voters were seeking to vote in the primaries,” he said. “That’s not what they’re seeking – it’s whether the state can fund and conduct an election system that gives favorable treatment to voters who are members of major parties.”
Representatives of the governor’s office could not immediately be reached for comment on Monday evening.
The Record
Independent voters who challenged the constitutionality of New Jersey’s
primary election system by claiming they had a right to vote in
elections that nominate candidates for general runoffs received a blow
last week when a federal judge determined that the system will remain
intact.
Judge Stanley R. Chesler of U.S District Court in Newark wrote that while the plaintiffs in the suit believe the fundamental right to vote extends to primary elections conducted by political parties of which they are not members, that is not the law established by the U.S. Supreme Court.
“The Supreme Court has drawn an important distinction between casting a ballot in a general election, which implicates the fundamental right to vote and nominating a candidate for a general election, which does not,” he wrote in his 12-page decision that dismissed the suit on Thursday.
The lawsuit was filed in March by seven registered voters – four unaffiliated, including one from Bergen County, and three registered with a party – and two non-profit organizations that represent independent voters. Lt. Gov. Kim Guadagno, who serves as the acting secretary of state, was named as the defendant because she administers the state election system.
The plaintiffs challenged the constitutionality of New Jersey’s primary election system that allows political parties the right to use taxpayer money to pay for the elections. By appropriating public money for private purposes, it forces unaffiliated voters to pay for an election process that denies them full participation, according to the lawsuit.
“By denying over 2.6 million New Jersey voters the right to cast a vote in primary elections, the state has disenfranchised nearly half of its electorate, thereby, giving private political parties a state subsidized advantage and partisan voters greater and unequal access to the voting franchise,” the lawsuit contended.
Harry Kresky, one of three lawyers representing the plaintiffs, said they were considering an appeal.
“Judge Chesler treated the case from a vantage point that the plaintiffs who were mainly independent voters were seeking to vote in the primaries,” he said. “That’s not what they’re seeking – it’s whether the state can fund and conduct an election system that gives favorable treatment to voters who are members of major parties.”
Representatives of the governor’s office could not immediately be reached for comment on Monday evening.
- See more at:
http://www.northjersey.com/news/federal-judge-dismisses-suit-challenging-nj-primary-election-system-1.1069358#sthash.77x0Bn8J.dpufJudge Stanley R. Chesler of U.S District Court in Newark wrote that while the plaintiffs in the suit believe the fundamental right to vote extends to primary elections conducted by political parties of which they are not members, that is not the law established by the U.S. Supreme Court.
“The Supreme Court has drawn an important distinction between casting a ballot in a general election, which implicates the fundamental right to vote and nominating a candidate for a general election, which does not,” he wrote in his 12-page decision that dismissed the suit on Thursday.
The lawsuit was filed in March by seven registered voters – four unaffiliated, including one from Bergen County, and three registered with a party – and two non-profit organizations that represent independent voters. Lt. Gov. Kim Guadagno, who serves as the acting secretary of state, was named as the defendant because she administers the state election system.
The plaintiffs challenged the constitutionality of New Jersey’s primary election system that allows political parties the right to use taxpayer money to pay for the elections. By appropriating public money for private purposes, it forces unaffiliated voters to pay for an election process that denies them full participation, according to the lawsuit.
“By denying over 2.6 million New Jersey voters the right to cast a vote in primary elections, the state has disenfranchised nearly half of its electorate, thereby, giving private political parties a state subsidized advantage and partisan voters greater and unequal access to the voting franchise,” the lawsuit contended.
Harry Kresky, one of three lawyers representing the plaintiffs, said they were considering an appeal.
“Judge Chesler treated the case from a vantage point that the plaintiffs who were mainly independent voters were seeking to vote in the primaries,” he said. “That’s not what they’re seeking – it’s whether the state can fund and conduct an election system that gives favorable treatment to voters who are members of major parties.”
Representatives of the governor’s office could not immediately be reached for comment on Monday evening.
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