Stand up for a Fair Ballot
NJ State Assembly
This past spring, a federal court ruled to suspend the unconstitutional county line ballot in NJ primary elections. Now, ballot design is back in the State legislature’s hands and fundamental reforms could be watered down.
The Assembly has introduced a bill that reflects the will of the public in some respects — but is still deeply flawed in crucial areas.
Please sign this petition to let your legislator know that you demand a ballot that puts power in the hands of voters, not party machines and political insiders.
New Jersey deserves a ballot that facilitates real voter choice and creates a level playing field for all candidates.
Petition text reads:
We are writing to express extreme concern about the recent legislative proposal to implement office block ballots in primary elections.
Recall that when The Assembly Select Committee on Ballot Design was first announced, the committee's stated goal was to “gather testimony, hear from the public, and study legislative changes that could bring New Jersey’s ballots into compliance with the Court order.”
When the ballot design bill was finally introduced late evening of December 11, the day before it was initially slated to be voted upon, and the amended version was read aloud on December 16—immediately before the vote—we saw that some of the bill’s provisions were not in alignment with public testimony in support of a fair ballot design that the public deserves. Our significant concerns are as follows:
The bill allows running mates to be automatically listed in adjacent positions on the ballot within the office block — effectively drawing for ballot positions as a unit, rather than each individual candidate for each office sought. This would move New Jersey in the direction of bad ballot design. This provision would create a “coat-tails effect” in which voters are cued to vote for bracketed candidates rather than independently considering each candidate as an individual. This also pressures candidates who wish to run independently to associate with other candidates to appear legitimate on the ballot.
WE DEMAND: A separate drawing for every candidate for each office, with the exception of uncontested races.
While computerized drawings are recommended to ensure fairness and transparency, the bill allows clerks to continue a manual draw for ballot positions. Expert research in the county line lawsuit showed statistical anomalies where county clerks disproportionately drew first ballot position for county party organization-backed candidates on the county line.
Given the suspect “golden arm” problems that emerge using the hand ballot draws, the best method for accomplishing randomized ballot order and critical public confidence in the process, as well as to ensure efficiency, is to mandate computer randomization of ballots, which accompanies the best practices for transparency and accountability, including audits.
WE DEMAND: A mandated randomized ballot order system that affords each candidate for the same office an equal chance at ballot position.
The purpose of the ballot is for voters to select their preferred candidates. It is not a platform for electioneering or manipulation. It is not hard, and it is not complicated. The parameters of Judge Quraishi’s order represent the minimum constitutional floor upon which the Legislature should build in the direction of fair and equal ballots. Any legislation must codify Judge Quraishi’s mandate, as described above.
We call on the New Jersey State Legislature to adopt these changes before the bill passes both the Assembly and Senate.
The record established in the Conforti and Kim litigations, coupled with public testimony offered during the hearings to date, establishes that voter choice is compromised through ballot manipulation, that good candidates are prevented from running for office based on the rigged political process, resulting in fewer women and people of color running for and securing political office; and that constitutional rights are trampled by an anti-democratic system.
A ballot is supposed to represent a neutral and fair forum upon which to elect candidates. Anything that strays from that principle will be viewed unfavorably in the courtroom and in the court of public opinion.
Sponsored by
To:
NJ State Assembly
From:
[Your Name]
We are writing to express extreme concern about the recent legislative proposal to implement office block ballots in primary elections.
Recall that when The Assembly Select Committee on Ballot Design was first announced, the committee's stated goal was to “gather testimony, hear from the public, and study legislative changes that could bring New Jersey’s ballots into compliance with the Court order.”
When the ballot design bill was finally introduced late evening of December 11, the day before it was initially slated to be voted upon), and the amended version was read aloud on December 16–immediately before the vote– we saw that some of the bill’s provisions were not in alignment with public testimony in support of a fair ballot design that the public deserves. Our significant concerns are as follows:
The bill allows running mates to be automatically listed in adjacent positions on the ballot within the office block — effectively drawing for ballot positions as a unit, rather than each individual candidate for each office sought. This would move New Jersey in the direction of bad ballot design and make New Jersey’s primary ballots a national outlier. This provision would create a “coat-tail effect” in which voters are cued to vote for bracketed candidates rather than independently considering each candidate as an individual. This also pressures candidates who wish to run independently to associate with other candidates just to appear legitimate on the ballot. Moreover, there are several states that have multi-member districts. However, no other state allows running mates to be bracketed on the ballot,
WE DEMAND: A separate drawing for every candidate for each office with the exception of uncontested races.
While computerized drawings are recommended to ensure fairness and transparency, the bill allows clerks to continue a manual draw for ballot positions. Expert research in the county line lawsuit showed statistical anomalies where county clerks disproportionately drew first ballot position for county party organization-backed candidates on the county line.
Given the suspect “golden arm” problems that emerge using the hand ballot-draws, the best method for accomplishing randomized ballot order and critical public confidence in the process, as well as to ensure efficiency, is to mandate computer randomization of ballots which accompanies the best practices for transparency and accountability, including audits.
WE DEMAND: A mandated randomized ballot order system which affords each candidate for the same office and equal chance at ballot position.
The purpose of the ballot is for voters to select their preferred candidates. It is not a platform for electioneering or manipulation. It is not hard, and it is not complicated. The parameters of Judge Quraishi’s order represent the minimum constitutional floor upon which the Legislature should build in the direction of fair and equal ballots. Any legislation must codify Judge Quraishi’s mandate, as described above.
We call on the Assembly Select Committee on Ballot Design, and the entire New Jersey legislature, to adopt these changes before the bill passes both the Assembly and Senate.
The record established in the Conforti and Kim litigations, coupled with public testimony offered during the hearings to date, establishes that voter choice is compromised through ballot manipulation; that good candidates are prevented from running for office based on the rigged political process, resulting in fewer women and people of color running for and securing political office; and that constitutional rights are trampled by this anti-democratic system.
A ballot is supposed to represent a neutral and fair forum upon which to elect candidates. Anything that strays from that principle will be viewed unfavorably in the courtroom and in the court of public opinion.