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Update 4 [4/18]: Andrews' attorneys have filed an Amended Complaint (not an appeal) alleging improprieties by "most of the County Clerks in the selection process." Judge Jacobsen will have another plenary hearing on Tuesday.
Update 3: Statement from Lautenberg for Senator spokesperson Julie Roginsky:"This lawsuit smacks of hypocrisy and desperation. Rob Andrews has bracketed with candidates -- including Senator Lautenberg -- in every federal race he's ever run. Furthermore, when he was a failed candidate for Governor, he happily accepted bracketing in any county he could find. And now, Congressman Andrews is talking about giving voters a choice while trying to knock a fellow Democrat off the ballot and manipulating the ballot process in his own district to give party insiders, not voters, the choice of candidate. Most remarkably, Congressman Andrews is bringing lawsuits only in the counties he couldn't win. It is clear the Congressman wants one set of rules for himself and another for everyone else. Once again, Rob Andrews says one thing and does another."
Update 2: The judge has denied the ballot injunction. The complaint was only filed against the clerks in counties where Andrews did not have the line: Union, Mercer, Bergen, Morris, Monmouth, Essex, Hudson, Ocean, Middlesex, Passaic, Somerset, Sussex and Warren. It did not include the 7 southern counties where he did have the line. This looks incredibly hypocritical and transparently political.
Update: Rob Andrews just issued a statement saying "Unfortunately, some of the county leaders have attempted to exercise their undue influence to have my name placed in the Siberian portion of the ballot in violation of the clear and unambiguous language of the statute. We are committed to a process that gives voters the best opportunity to choose among all the candidates. The statute is clear. Adhering to the process set down by state law would give voters what they are entitled to - an open primary." From the statement: The lawsuit, filed in Mercer County Superior Court, would require the 21 county clerks in New Jersey to place the U.S. Senate candidates in the same column (Row 1) on the June 3 ballot regardless of whether they are bracketed with party-backed county and municipal candidates within the 21 individual counties. Andrews said such bracketing is required by New Jersey law (NJSA 19:23-26.1).
Details are sketchy at this point, but sources say that Rob Andrews' campaign is suing to gain access to the column statewide. All of the 21 county clerks are currently meeting to discuss the situation and a judicial hearing is scheduled for 1:00pm.
For ballot placement purposes, US Senate and gubernatorial races appear to be in a different class. According to Title 19 of the New Jersey statutes, the Andrews campaign may have a valid case on their hands (emphasis added): 19:23-26.1. Primary election for U.S. Senate and Governorship; placement of names of candidates on ballot
In the case of a primary election for the nomination of a candidate for the office of United States Senator and in the case of a primary election for the nomination of a candidate for the office of Governor, the names of all candidates for the office of United States Senator or Governor shall be printed on the official primary ballot in the first column or horizontal row designated for the party of those candidates. [...]
No candidate for nomination for any other office shall have his name printed in the same column or horizontal row as the candidates for nomination for the office of United States Senator or Governor. This might also mean that no candidates would be able to bracket in the same column with either Andrews or Lautenberg. . Maybe we'll get that statewide open primary after all. (Or not. Read huntsu's interpretation.) |