Rob Andrews wants to render Frank Lautenberg’s county line advantage obsolete.
Andrews announced today that he’s filing suit against 13 mostly northern county clerks to seek a “fair and open Democratic primary” that requires county clerks give “fair and equal” ballot position to both U.S. Senate candidates at the State Superior Court. The challenge was first reported on the liberal Web site Blue Jersey.
While Andrews has the county line in seven southern counties, Lautenberg has the line in the 12 other counties that award it -- a big advantage in a primary with an expected low turnout.
Andrews cited a state statute, N.J.S.A. 19:23-26.1, that says primary candidates for Senate or Governor must appear in the first column and apart from candidates for lower offices.
Reads the law: “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.”
If the court rules in his favor, it will force county clerks to give both candidates to ballot position on the first column, even if they’re not bracketed with Congressional and county-wide candidates.
Andrews is afraid that northern county chairmen will ask clerks to banish him into the nether regions of the ballot.
"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," Andrews said. "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."
Lautenberg spokeswoman Julie Roginsky said that Andrews had not problems with the bracketing system until it worked against him.
"This lawsuit smacks of hypocrisy and desperation," said Roginsky. "When he was a failed candidate for Governor, he happily accepted bracketing in any county he could find....Most remarkably, Congressman Andrews is bringing lawsuits only in the counties he couldn't win. It is clear the Congressman wants a new set of rules for himself and another for everyone else."
Andrews spokesman Bill Caruso said that, while south Jersey county clerks aren't named in the suit, the same principle should be applied to all 21 counties.
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How cynical
He's only suing in North Jersey? What a cynical ploy.
Seriously, this is just a way for him to excuse the fact that he got into the race too late to campaign for ballot position. Lautenberg did the work and was in the campaign long enough to lock down the line, and Andrews expects to show up with six days to go and be handed a pony.
Give me a break.
Not gonna work
He's got to sue in all 21 counties. He can't argue that in counties where he holds the line, FRL can be pushed down ballot, but in counties where he's down ballot, that's illegal.
Any judge worth their salt will see right through this and dismiss right away. That's even before you get to the statutory construction argument.
clerks
He's right. Somehow, challengers in these counties are booted to Column Z by clerks picking "randomly"...
Unnecessary Turmoil
Unfortunately, Rob Andrews, who has proven that he is not interested in the good of the Party, continues to engage in behavior that is disruptive for all. He is not a team player. There are builders and destroyers. Rob Andrews is not a builder.
Remember.....
What happened to me in the Election of 1800. I tied soon to be President Thomas Jefferson and after the 23rd ballot, someone bucked. Everyone needs a fair shot.
The Honorable Aaron Burr, Vice President of the United States
The Honorable Aaron Burr,
The Honorable Aaron Burr, Vice President of the United States
More on election.....
In the United States Presidential election of 1800, sometimes referred to as the “Revolution of 1800”, Vice President Thomas Jefferson defeated President John Adams. The election was a realigning election that ushered in a generation of Democratic-Republican Party rule and the eventual demise of the Federalist Party.
The election exposed one of the flaws in the original Constitution. Members of the Electoral College could only vote for President; each elector could vote for two candidates, and the Vice President was the person who received the second largest number of votes during the election. The Democratic-Republicans had planned for one of the electors to abstain from casting his second vote for Aaron Burr, leading to Jefferson receiving one vote more than Burr. The plan, however, was bungled, resulting in a tied electoral vote between Jefferson and Burr. The election was then put into the hands of the outgoing Federalist Party controlled House of Representatives. Most Federalists voted for Burr in order to block Jefferson from the Presidency, and the result was a week of deadlock. Federalist Alexander Hamilton, who detested both but preferred Jefferson to Burr, intervened on Jefferson's behalf, which allowed Jefferson to ascend to the Presidency. Hamilton's actions were one cause of his duel with Burr, which resulted in Hamilton's death in 1804.
Jefferson's victory ended one of America's most acrimonious Presidential campaigns to date.The Twelfth Amendment, ratified in 1804, was added to the United States Constitution. The Twelfth Amendment stipulates that electors make a distinct choice between their selections for President and Vice President.
The Honorable Aaron Burr, Vice President of the United States
NOPE!
NOPE! NOPE!
Awe
Poor Rob didnt get the support he was promised...You mean someone told you one thing and then went and did another-how could they Andrews him like that. I'm sorry do I hear a violen, soft crying from a politician (who claims to have) put it all in with little more than a bluff. (Of course he's holding chips under the table-of course he goes back to the House when he loses this thing)
Settled law favors county lines
Asked and answered:
N.J.S.A. 19:23-26.1 requires that, in respect of ballot placement, all candidates for Governor in the primary be treated equally to the extent physical constraints allow, as long as, at the same time, a good faith effort is made to effect the expressive rights of all candidates, under the U.S. Constitution, to make choices regarding bracketing with candidates for other office. We limited the sweep of both Lautenberg v. Kelly, 280 N.J. Super. 76 (Law Div. 1994), declaring the entire statute unconstitutional, and an Attorney General's opinion in 1997 applying it statewide.
(Forrester for Governor, Inc., and Douglas Forrester v. Kathleen Donovan, Clerk of the County of Bergen, et al., and Bret Schundler (A-4451-04T2)
Zimmer and Andrews
are johnny come latelies and expect to jump the line. Throw them out of line and beat the poop out of them.
Regardless of where you
Regardless of where you stand - the whole "county line" process is a joke and smells of corruption.
If you want the public to know someone is the "official" candidate of the organization, you can still place them next to each other and identify the candidates with a simple tag line.
There is no reason to stick someone out in nowhere land on the ballot.How can anyone reasonably say that this is fair.
it is all 21 counties
he is suing in all 21 counties!
Norcross
I never once heard Andrews complain about how Norcross gives the Camden County line to his puppets!
Andrews is a true girlie-man.
Robby Better Take It
He is gunning for the big dog so he better stop acting like a well, you know a big Meow
More Cowbell Please !!
I LOVE IT!
Finally something to take our mind off the Sharpe James verdict!
The Tyranny of the Two Party System
is alive and well in NJ
I Dislike Andrews, But...
What ever happened to the old 'Draw a number out of a hat' selection method?