Clerks seek to dismiss line lawsuit, citing new ballot design law
wo Democratic county clerks have moved to dismiss a lawsuit challenging the constitutionality of county organization lines, claiming that a new law mandating office block ballots makes the legal challenge moot.
In court papers filed tonight, Joanne Rajoppi of Union and John Hogan of Bergen also argue that their previous designs of primary election ballots were legal and their counties should not be on the hook for legal fees in Andy Kim’s lawsuit to eliminate lines.
In a filing by Angelo Genova and other attorneys, the clerks claim “the enactment of the revised ballot design statute clearly renders the complaint, and all of plaintiffs’ claims contained therein, moot.
“The court must dismiss the complaint for lack of subject matter jurisdiction,” the filing states. “Because plaintiffs have accused the clerk defendants of nothing more than abiding by a duly enacted New Jersey statute, which has never been held to be facially unconstitutional, such fees, even if theoretically recoverable, should be paid by the state.”
https://newjerseyglobe.com/judiciary/clerks-seek-to-dismiss-line-lawsuit-citing-new-ballot-design-law/