Former New Jersey Superior Court judge and incumbent Cape May GOP Chairman Mike Donohue criticized a federal injunction on Friday which strikes down county lines for Election 2024.
“The Court finds that the harm Plaintiffs would suffer absent an injunction well exceeds the harm that Defendants would suffer should the Court grant the injunction,” Judge Zahid Quraishi wrote in his bombshell decision. “Plaintiffs have put forth credible evidence not only that their constitutional rights are violated by the present ballot design used in New Jersey, which is used in no other state in the country […] but that Defendants would suffer minimal harm in implementing the ballot design requested by Plaintiffs.”
Donohue disagrees.
“Today, a federal court moved aside the entire New Jersey Legislature and became an Uber-lawmaker rewriting New Jersey election statutes,” said Donohue in a released statement. “The decision tramples on the rights of Americans to associate for political activities. This is the highest form of our freedom of association as Americans and is protected by the First Amendment and Fourteenth Amendment of the United States Constitution. The federal court tells us that we may not associate as a political party on the ballot at election time. This is an outrageous destruction of our freedom of association.”
Opponents of Friday’s ruling cite Article I, Section 4, Clause 1 of the U.S. Constitution which provides that “[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators.”
Prior to the federal court decision, various Democrat and Republican leaders had signaled their interest in crafting a “legislative solution” for county line reform rather than leave the fate of New Jersey’s unique political institution in the hands of the judiciary.
Today’s injunction will almost certainly be appealed by county political leaders and clerks.
“I am actively discussing with other County Chairs and candidates the possibility of seeking to join in the appeal from this terrible decision,” added Donohue. “We are also calling on all of our New Jersey Legislators, both Democrat and Republican, to convene a special session of the Legislature to adopt legislation to preserve, protect and defend the freedom of political association of all New Jerseyans.”
