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    Primary elections in New Jersey

    From Ballotpedia - Reading time: 27 min
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    Primary elections allow voters to determine which candidates compete in the general election and can be nonpartisan or partisan. In partisan primaries, voters choose the candidates they prefer for a political party to nominate in the general election.

    The laws governing primary elections vary from state to state and can even vary within states by locality and political party. For example, only registered party members are allowed to vote in closed primaries, while registered party members and unaffiliated voters are allowed to vote in semi-closed primaries, and all voters are allowed to vote in open primaries.

    Primary elections also vary by the way their outcomes are determined. Majority systems require the winning candidate to receive at least fifty percent of the votes cast, while plurality systems do not. In top-two primaries, top-four primaries, and blanket primaries, all candidates are listed on the same ballot, regardless of partisan affiliation.

    HIGHLIGHTS
  • New Jersey state law provides for semi-closed primaries, meaning that a voter generally must be registered as a party member in order to participate in that party's primary. A previously unaffiliated voter can participate in the primary of his or her choice by affiliating with a party on the day of the election. Otherwise, a voter must indicate his or her party preference (e.g., via an updated voter registration) no later than the 55th day preceding the primary in order to vote in that party's primary.
  • Winners in New Jersey primary elections are determined via plurality vote, meaning that the candidate with the highest number of votes wins even if he or she did not win more than 50 percent of votes cast.

    • See the sections below for general information on the use of primary elections in the United States and specific information on the types of primaries held in New Jersey:

    1. Background: This section outlines the different types of primary election participation models used in the United States, including open primaries, closed primaries, semi-closed primaries, and top-two primaries. This section also details the various methods employed to determine the outcomes of primary elections.
    2. Primary election systems used in New Jersey: This section details the primary election systems employed in New Jersey, including primaries for congressional and state-level offices (e.g., state legislative seats, state executive offices, etc).
    3. State legislation and ballot measures: This sections lists state legislation relevant to primary election policy in New Jersey.


    Background[edit]

    Seal of New Jersey.

    In general, there are two broad criteria by which primary elections can vary from jurisdiction to jurisdiction:

    1. Rules of participation: In jurisdictions that conduct partisan primaries, who can vote in a party's primary? Is participation limited to registered party members, or can other eligible voters (such as unaffiliated voters or voters belonging to other parties) participate? In general, there are three basic types of primary election participation models: open primaries, closed primaries, and semi-closed primaries.
    2. Methods for determining election outcomes: What share of the total votes cast does a candidate have to receive in order to advance to the general election? Methods for determining primary election outcomes include plurality voting systems, majority voting systems, top-two primaries, top-four primaries, and blanket primaries.

    For more complete information on these criteria, click "[Show more]" below.

    Show more

    Rules of participation[edit]

    The rules of participation in primary elections vary from jurisdiction to jurisdiction (in some cases, different political parties may enforce different participation criteria within a single jurisdiction). In general, there are three basic primary election participation models used in the United States:

    1. Open primaries: An open primary is any primary election in which a voter either does not have to formally affiliate with a political party in order to vote in its primary or can declare his or her affiliation with a party at the polls on the day of the primary even if the voter was previously affiliated with a different party.[1]
    2. Closed primaries: A closed primary is any primary election in which a voter must affiliate formally with a political party in advance in order to participate in that party's primary.[1]
    3. Semi-closed primaries: A semi-closed primary is one in which previously unaffiliated voters can participate in the primary of their choosing. Voters who previously affiliated with a political party who did not change their affiliations in advance cannot vote in another party's primary.[1]

    Methods for determining election outcomes[edit]

    Methods for tallying votes to determine a primary election's outcome include the following:

    1. Plurality voting system: In plurality systems, the candidate who wins the largest share of the vote wins the election. The candidate need not win an outright majority to be elected. These systems are sometimes referred to as first-past-the-post or winner-take-all systems.[2][3]
    2. Majority voting system: In majority systems, a candidate must win more than 50 percent of the vote in order to win the election. In the event that no candidate wins an outright majority, a runoff election is held between the top two vote-getters. For this reason, majority systems are sometimes referred to as two-round systems. Ranked-choice voting is a specific type of majority voting system that may also be used in primary elections.[2][3]
    3. Top-two primaries: A top-two primary is one in which all candidates are listed on the same primary election ballot; the top two vote-getters, regardless of their partisan affiliations, advance to the general election. Consequently, it is possible that two candidates belonging to the same political party could win in a top-two primary and face off in the general election. Top-two primaries should not be confused with blanket primaries or top-four primaries. In a blanket primary, all candidates are listed on the same primary ballot; the top vote-getter from each party participating in the primary advances to the general election. In a top-four primary, all candidates are listed on the same primary ballot; the top-four vote-getters advance to the general election, regardless of party.[1][4][5]

    Primary election systems used in New Jersey[edit]

    Congressional and state-level elections[edit]

    In 20 states, at least one political party utilizes open primaries to nominate partisan candidates for congressional and state-level (e.g. state legislators, governors, etc.) offices. In 14 states, at least one party utilizes closed primaries to nominate partisan candidates for these offices. In 15 states, at least one party utilizes semi-closed primaries. In 5 states, top-two primaries or a variation are used.[6] These state primaries are a separate entity and are not included in the totals for open, closed, or semi-closed primaries.

    New Jersey state law provides for semi-closed primaries, meaning that a voter generally must be registered as a party member in order to participate in that party's primary. A previously unaffiliated voter can participate in the primary of his or her choice by affiliating with that party at the polls on the day of the election. Otherwise, a voter must indicate his or her party preference (e.g., via an updated voter registration) no later than the 55th day preceding the primary in order to vote in that party's primary. Winners in primary elections are determined via plurality vote.[7][1][8][9]

    The table below lists New Jersey offices for which parties must conduct primary elections to nominate their candidates.

    Elective offices for which parties must conduct primaries to nominate general election candidates
    Office Number of seats
    Governor of New Jersey 1
    United States Senators 2
    State legislators 80
    Local officials Varies by municipality

    County lines[edit]

    In New Jersey, county parties have the ability to select the placement of a candidate's name on the ballot in their respective counties. The selection of the candidate can be determined by a full vote of the county party committee or at the discretion of the county party chairperson. In counties that use the process, positions up for election are listed in rows with the candidates running for those positions listed in columns. Oftentimes, the candidate endorsed by the county party will appear in the leftmost column, known as the county line, with remaining candidates appearing in columns to the right.[10]

    Lawsuit challenging primary election ballot design (2024)[edit]

    On February 26, 2024, three Democratic candidates for U.S. Congress sued in federal court to eliminate New Jersey's county line primary ballot design.[11] According to Politico: "The county line is New Jersey’s unique primary ballot design where party-backed candidates are placed in a single column or row from the highest office to the lowest. Candidates not endorsed by county parties are often placed less prominently on primary ballots. Candidates who are on the county line have been shown to have a significant electoral advantage."[12] Nineteen of New Jersey's 21 counties used the county line design at the time of the lawsuit.[12] Most jurisdictions in the United States use a ballot design that groups all candidates running for the same office in the same part of the ballot.

    Among the plaintiffs in the challenge was Rep. Andy Kim (D) of New Jersey's 3rd Congressional District. At the time of the lawsuit, Kim was a candidate for the U.S. Senate seat held by Bob Menendez (D). Sarah Schoengood (D) and Carolyn Rush (D), each a candidate for a U.S. House seat in New Jersey, joined Kim in the challenge. The filing named the election clerk in all 19 counties that used the county line system as defendants.[13]

    The suit alleged that the county line ballot design violated the First and 14th amendments of the U.S. Constitution, and said: "The system provides preferential ballot position for such candidates and displays them in a manner that nudges voters to select them, even when they otherwise might not."[13] A campaign spokesperson for Tammy Murphy (D), who was a candidate for U.S. Senate but later dropped out of the race, criticized the lawsuit, saying "Andy Kim doesn't have a problem with the county line system, he has a problem with the idea of losing county lines — as he is perfectly happy to participate in the process when he wins, and he has benefited from the lines in every other election he's run."[11] Defendants in the case argued that there was not time to modify and print ballots before the April 20 deadline to send mail ballots for the upcoming primary, and that the system helped voters identify party supported candidates.[14]

    On March 29, U.S. District Judge Zahid Quraishi issued a preliminary injunction blocking the use of the county line in the June 4th Democratic Primary.[15] In the opinion, Quraishi wrote, "Mandatory injunctive relief is reserved only for the most unusual cases. Plaintiffs’ burden on this Motion is therefore particularly heavy. Nevertheless, the Court finds, based on this record, that Plaintiffs have met their burden and that this is the rare instance when mandatory relief is warranted.”[16] In a statement released on his campaign website, Kim said of the ruling that "(t)oday's decision is a victory for a fairer, more democratic politics in New Jersey. It's a victory built from the incredible grassroots work of activists across our state who saw an undemocratic system marginalizing the voices of voters, and worked tirelessly to fix it."[17] After the decision, clerks from three counties said they would not appeal the decision.[12]

    Although the ruling did not apply to the Republican primary, the New Jersey County Republican Chairs Association submitted a brief defending the constitutionality of the county line ballot design.[12]

    On April 3, the U.S. Third Circuit Court of Appeals denied the remaining defendants' request to block the lower court's decision.[12] By the next day, clerks in all but two counties included in the lawsuit said they would not appeal the ruling, however the Camden County Democratic Committee (CCDC) and several other party committees continued their appeal.[14][18]

    On April 15, New Jersey Vicinage 3 Superior Court Judge John E. Harrington denied a request for an injunction to block the use of county line ballots in the state's June 2024 Republican primaries. Four Republican congressional candidates brought the challenge after the March 29 ruling by Judge Quraishi that barred the use of the ballot design for state's June Democratic primaries. Judge Harrington reasoned that there was not enough time between the challenge and the scheduled primaries to grant the injunction, saying "It’s too comprehensive a change for this court do this now."[19][20]

    On April 17, the Third Circuit issued a unanimous ruling upholding the lower court's decision to bar the use of the county line ballot design in the June Democratic primaries. According to reporting from the New Jersey Globe, in oral arguments "CCDC lawyer Bill Tambussi contended that the county line allows parties to exercise their constitutionally protected rights to associate with their preferred candidates and assist voters in finding those candidates."[18] In the ruling, judge Kent Jordan wrote "Nothing in the preliminary injunction prohibits the CCDC from including county parties’ slogans on the ballot, endorsing candidates, communicating those endorsements, or associating by any other constitutional means. The injunction simply means that the CCDC does not get to bracket its preferred candidates together on the ballot... Any harm to the state’s or the CCDC’s interests is outweighed by the burdens on the Plaintiffs’ associational rights.”[21]



    State legislation and ballot measures[edit]

    Recent legislation related to primary elections in New Jersey[edit]

    The table below lists bills related to primary elections that have been introduced during (or carried over to) the current legislative session in New Jersey. The following information is included for each bill:

    • State
    • Bill number
    • Official name or caption
    • Most recent action date
    • Legislative status
    • Topics dealt with by the bill

    Bills are organized alphabetically, first by state and then by bill number. The table displays up to 100 results by default. To view additional results, use the arrows in the upper-right corner of the table. For more information about a particular bill, click the bill number. This will open a separate page with additional information.

    Primary systems ballot measures[edit]

    See also: Elections and campaigns on the ballot and List of New Jersey ballot measures

    Since 2017, Ballotpedia has tracked no ballot measures relating to primary elections in New Jersey.

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    See also[edit]

    External links[edit]

    Footnotes[edit]

    1. ↑ 1.0 1.1 1.2 1.3 1.4 National Conference of State Legislatures, "State Primary Election Types," May 26, 2023 Cite error: Invalid <ref> tag; name "ncslprimaries" defined multiple times with different content
    2. ↑ 2.0 2.1 FairVote, "Types of Voting Systems," accessed June 9, 2023
    3. ↑ 3.0 3.1 Georgetown University, "Electoral Systems," accessed June 9, 2023
    4. ↑ Encyclopedia Brittanica, "Primary Election," accessed June 9, 2023
    5. ↑ Top-two primary systems, such as those utilized in California, Nebraska, and Washington, and variations of those systems, such as the top-four system used in Alaska and the majority-vote system used in Louisiana, are sometimes classified as open primary systems because voter participation in such primaries is not tied to partisan affiliation. For the purposes of this article, these primaries are considered to be a separate entity. For more information about top-two primaries and their variations, see this article.
    6. ↑ FairVote, "Who Can Vote in Congressional Primaries," accessed August 17, 2017
    7. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named regis
    8. ↑ Justia, "Section 19:13-14 - Procedure; Highest Aggregate Of Votes To Determine Party Candidates," accessed August 24, 2017
    9. ↑ New Jersey Policy Perspective, "Toeing the Line: New Jersey Primary Ballots Enable Party Insiders to Pick Winners," June 29, 2020
    10. ↑ 11.0 11.1 northjersey.com, "Andy Kim sues to block NJ's line — the ballot positions for preferred candidates," February 26, 2024
    11. ↑ 12.0 12.1 12.2 12.3 12.4 Politico, "Appeals panel denies NJ clerks’ request to block new ballot design, another win for Andy Kim," April 3, 2024
    12. ↑ 13.0 13.1 northjersey.com, "Judge establishes timeline for Andy Kim's lawsuit over the NJ line. Here's what comes next," March 3, 2024
    13. ↑ 14.0 14.1 The Philadelphia Inquirer, "A judge’s decision to block New Jersey ballot design that favors endorsed candidates is likely to stand — at least for now," April 4, 2024
    14. ↑ Associated Press, "Federal judge blocks New Jersey ballot design, saying it favors party-backed candidates," March 29, 2024
    15. ↑ Roll Call, "Judge blocks ballot design in New Jersey primary," March 29, 2024
    16. ↑ Andy Kim for New Jersey, "Congressman Andy Kim Statement on Granting of Emergency Injunctive Relief Ending the County Line System in New Jersey," March 29, 2024
    17. ↑ 18.0 18.1 New Jersey Globe, "Third Circuit upholds Quraishi’s county line ruling," April 17, 2024
    18. ↑ New Jersey Globe, "State court judge says Republicans can keep their lines for ’24 primary," April 15, 2024
    19. ↑ Democracy Docket, "New Jersey Judge Upholds County Line for 2024 GOP Primaries," April 16, 2024
    20. ↑ United States Court of Appeals for the Third Circuit, "Andy Kim v. Christine Hanlon No. 24-1594," April 17, 2024
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