New Jersey Primary Disenfranchises 2.4 Million Voters

image
Published: 07 Jun, 2017
3 min read

Millions of New Jersey voters were faced with a difficult decision Tuesday: Join a party or don't vote at all.

That’s because the first stage of New Jersey’s taxpayer-funded and publicly-administered elections are open to Republicans and Democrats only. So, for a plurality of New Jersey voters who choose not to join either party -- too bad.

New Jersey held its 2017 primary election on Tuesday, June 6.  Lt. Governor and Secretary of State Kim Guadagno easily won the Republican nomination for governor with 47% of the vote. She will face Phil Murphy in the November general election -- the Democratic Party favorite.

The primary election got an unusually high level of national coverage for a New Jersey race as several national outlets propped it up as a referendum on Gov. Chris Christie. Left undiscussed, however, is the low voter turnout and the total exclusion of independent voters from New Jersey’s primary election process.

Over 2.4 million voters in New Jersey could not participate in Tuesday's primary unless they re-registered with the Republican or Democratic Party. That is because, in New Jersey, voters are forced to join either the Democratic Party or the Republican Party as a condition of participating.

ALSO READ: NJ Voters Spend $100 Million on Elections They Can’t Participate In

So, with all the talk of hyper-partisanship in Washington DC, why doesn’t anyone talk about the natural consequences of excluding independent voters from the first and often most important part of the public election process?

Fact is, both parties hold a monopoly over the primary elections in New Jersey. This means only members of the Republican and Democratic parties get to vote.

Sound unfair?

IVP Donate

Well, a nonpartisan coalition led by the Independent Voter Project filed a lawsuit in 2014, challenging the state's closed primary law. The coalition made a pretty simple argument: forcing a voter to join a private organization as a condition of participating at an important stage of the election process violates our First Amendment right of non-association.

In other words, you shouldn’t have to join a party to vote.

Secretary of State Kim Guadagno disagrees. She defended the closed primary in court and argued that if voters want to participate in the taxpayer-funded election, the 2.4 million New Jersey voters who are registered independent should “simply join a party.”

A federal district court and the Third Circuit Court of Appeal ruled against the plaintiffs, holding that voters do not have a fundamental right to vote in a primary election in New Jersey until they join a party.

Yes, that’s the ruling. Seriously. Read it for yourself:

Is that how fundamental rights work?

ALSO READ: Guadagno for Governor: Join a Party or Don’t Vote

Plaintiffs filed a writ of certiorari to the Supreme Court of the United States, but the court has chosen not to hear the case, at least for now.

Let Us Vote : Sign Now!

In any case, Kim Guadagno and Phil Murphy are the victors of a primary election system that serves parties, not people.

This November, the rest of the voters will join in the fun of “democracy,” and the media will find out whether independent New Jersey will go to the red team or the blue team.

You Might Also Like

Ballrooms, Ballots, and a Three-Way Fight for New York
Ballrooms, Ballots, and a Three-Way Fight for New York
The latest Independent Voter Podcast episode takes listeners through the messy intersections of politics, reform, and public perception. Chad and Cara open with the irony of partisan outrage over trivial issues like a White House ballroom while overlooking the deeper dysfunctions in our democracy. From California to Maine, they unpack how the very words on a ballot can tilt entire elections and how both major parties manipulate language and process to maintain power....
30 Oct, 2025
-
1 min read
California Prop 50 gets an F
Princeton Gerrymandering Project Gives California Prop 50 an 'F'
The special election for California Prop 50 wraps up November 4 and recent polling shows the odds strongly favor its passage. The measure suspends the state’s independent congressional map for a legislative gerrymander that Princeton grades as one of the worst in the nation....
30 Oct, 2025
-
3 min read
bucking party on gerrymandering
5 Politicians Bucking Their Party on Gerrymandering
Across the country, both parties are weighing whether to redraw congressional maps ahead of the 2026 midterm elections. Texas, California, Missouri, North Carolina, Utah, Indiana, Colorado, Illinois, and Virginia are all in various stages of the action. Here are five politicians who have declined to support redistricting efforts promoted by their own parties....
31 Oct, 2025
-
4 min read