Both Parties utterly fail to qualify for “Ballot Lines” in November
“Less than lackluster” primary turn-out to blame.
The Statutes are clear. To maintain the “preferred real estate” in the left columns of the ballot for General Election, either on the mailed “Sample Ballots”, the “Mail-in Ballots”, “Provisional Ballots”, OR on the Voting Machines, each party is required to meet a demonstrated standard of “community support”.
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That standard, set by Statute in Title 19 of our NJ Election Code, is, to all appearances, a fairly low one, at first glance. Surely the two so-called major parties couldn’t fail to meet that standard – could they?
The Statute requires that 10% of the NJ Registered Voters who cast a ballot for ASSEMBLY in the prior year’s General Election, in this case, the 2013 General Election, must darken the doorways of the polling places State-wide and cast a ballot in the JUNE PRIMARY.
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ON June 3rd, 199,329 Democrats cast a ballot for the candidate of their choice for the US House of Representatives.
ON June 3rd, 152,686 Republicans showed their support for their party by casting a ballot in selecting their candidate for the US House of Representatives.
Not enough.
The bar, set by Lt. Governor Kim Guadagno in her “Certification of Political Parties”, issued on 12/3/2013, which allowed the two major parties to CONDUCT a State-funded primary election a few weeks ago, was 372,197. That number, per the certification, is 10% of the total votes cast for NJ State Assembly. That is the amount the Statute requires be met or exceeded. (view the certification HERE: http://www.scribd.com/doc/233968018/2013-Certification-of-Political-Parties )
By the way – only 32% of New Jersey Registered Voters are recorded as “Democrat”, and only 18% of New Jersey Registered Voters are recorded as “Republican”. 49.8% are listed as “unaffiliated” – formerly referred to as “independent”, until someone realized that THAT might lead to implications no one in the two so-called “major” parties wanted voters pondering.
That’s right – independent voters, who represent HALF of the registered voters in the State, get to PAY for the primaries – they just CAN’T VOTE in them, (unless they choose to change their registration and vote as a “Democrat” or “Republican”.)
The Democrats barely managed half the necessary total, with only 53.55% of the 10% requirement showing up.
The Republicans did far worse, with only 41.02% of the necessary total.
It has been argued in the past by attorneys for both parties that “position doesn’t matter” on the ballot…yet they fight fiercely with one another for the coveted “column” in the primaries, and even harder to maintain a right they don’t “own”.
Does position really “not matter”?
It looks like they’re about to find out.
“Nomination by Petition” (independent) candidates may “bracket” for a ballot column…a process denied the so-called “major parties” in exchange for the privilege of a State-funded primary. That right of association is guaranteed in law – both in Federal and NJ State Elections.
IN FACT, last year, during the Senate Special Election, no less than FIVE of the then Eight candidates for the seat that became open when Sen. Frank Lautenberg (D) passed away in June of 2013, SUED over improper ballot placement. They prevailed in the action, “LaVergne v Lonegan”, Docket # L 1933-13 (viewed HERE: http://www.scribd.com/doc/171235480/Docket-L-1933-13 ), but “too late” to render a remedy. New Jersey Superior Court Judge Mary Jacobson’s ruling was clear. The standard was NOT met, and must be enforced in future elections. All 21 County Clerks were duly noticed, and ordered to pay costs to the plaintiff – costs only being awarded if one “prevails”.
These same five candidates took further action, bringing a petition before the US Senate RULES COMMITTEE before the Special Election even took place…objecting to the Clerks’ collective disregard of NJ State Law and Federal Law in a Federal Election. (that action may be reviewed HERE: http://www.scribd.com/doc/176336043/United-States-Senate-filing-RE-NJ-SPECIAL-SENATE-ELECTION-CONTESTED )
So, what does this all mean?
If the Clerks actually FOLLOW THE LAW, the “Democratic-Republican” Candidates bracketed together as “D/R Party”* qualify for the ONLY ballot COLUMN ASSIGNMENT in the November General Election. All other candidates are REQUIRED to be assigned their positions in a random drawing by Statute, a drawing held publicly – also by Statute - on August 11th at 3 p.m. in each County Office.
IF a party can’t demonstrate sufficient community support at the polls on primary day, they don’t get “special treatment”. (Truth be told, such treatment may be unconstitutional, anyway, but that’s a fight for another day).
Will the Clerks comply?
“Stand for what’s right, or settle for what’s left” – Frederick John LaVergne, “Democratic-Republican” for Congress, NJ CD3, 2014
