The plaintiffs argue that New Jersey’s closed partisan primary system violates an individual’s right to vote because: (1) the primary conditions a voter’s right to participate on giving up their right to not join a private political party, (2) the partisan primary effectively dilutes the voting power of non-party voters, and (3) the system violates New Jersey’s own constitutional prohibition against the private use of taxpayer funds.
On July 28, New Jersey Secretary of State Kim Guadagno submitted a reply on behalf of New Jersey. The State argues:
“…a voter who feels disenfranchised because of a regulation that conditions participation in primary elections on party membership ‘should simply join the party.’” p. 4-5
“Thus, the relief plaintiffs seek here… would, if granted, contravene these precedents and uproot one of the hallmarks of our electoral system, the partisan primary…” p. 2
“[No courts] have recognized that unaffiliated voters have a fundamental right to participate in primary elections even when those elections are an integral part of the electoral process.” p. 2
Read the Complaint:
Read the Motion to Dismiss:
Read the Plaintiff’s Reply to the Motion to Dismiss:
Read the Response to the Plaintiff’s Reply:
Photo retrieved from CNN.com.