The Line is Dead, but this Easter, plenty of pols are hoping for a Resurrection
What has happened since Judge Quraishi’s opinion?
For those unaware: NJ has been using “the line” to ensure preferential treatment for establishment pols since the 60’s. It works incredibly well. There hasn’t been a pol that won “off the line” in about a decade and a half (since 2009). You can read about the case against the line here: Abolosh The Line
Judge Zahid N. Quraishi (NJ’s First Muslim Article III Judge) ruled on Friday that the line had to go.
Some NJ Pols are… not happy about it.
Here’s what has happened since:
Doc 196 Letter hoping this only applies to Democrats:Yes, the Morris County Republican party asked if this only applies to Democrats since, you know… reasons.
Doc 198: Letter from Counties requesting an emergency stay of the order: Filed by Clerks of Atlantic, Burlington, Camden, Cape May, Cumberland,
Essex, Gloucester, Hudson, Hunterdon, Mercer, Monmouth, Morris, Passaic, Somerset and Union counties.
Doc 200: NOTICE OF APPEAL Filed by Clerks from the following counties:
- Atlantic
- Bergen
- Burlington (since removed, see update in doc 208 below)
- Camden
- Cape May
- Cumberland
- Essex
- Gloucester
- Hudson (since removed, see update in doc 209 below)
- Hunterdon
- Mercer
- Middlesex
- Monmouth
- Morris
- Passaic
- Somerset
- Union
Unclear why Ocean, Salem, Sussex and Warren Counties didn’t join in
Doc 201 NOTICE OF APPEAL: the Camden County Democratic Committee filed a Notice of Appeal separately. They also requested an emergency stay of the order (see Doc 204)
Doc 204: Camden County Democratic Committee joining with request from other clerks to stay the order.
Doc 205: Bergen County Clerk John Hogan wrote the court stating that 1) he was an “indispensable party” that should have been involved in the litigation (court rules require that indispensable parties be included), 2) “Providing the Clerks five business days’ notice to change a ballot design in effect for decades is, respectfully, inequitable, unreasonable and only causes confusion” and 3) the fact the Republicans (see doc 196 above) claim they aren’t affected makes this whole thing very confusing (so nice to see some bi-partisanship in NJ for a change, right?)
Doc 207: The Morris County Republicans wrote ANOTHER letter stating they wanted to confirm this applies to only democrats if it moves forward. Yea, sure, ok.
Doc 208: Chink in the armor starting to form… The Burlington County clerk has withdrawn from the request to get an emergency stay and appeal.
Doc 209: Additional chinks in the armor… The Hudson County clerk has also withdrawn from the request to get an emergency stay and appeal.
U.S. District Court
District of New Jersey [LIVE] (Trenton)
CIVIL DOCKET FOR CASE #: 3:24-cv-01098-ZNQ-TJB
|
KIM et al v. HANLON et al Assigned to: Judge Zahid N. Quraishi Referred to: Magistrate Judge Tonianne J. Bongiovanni
Cause: 42:1983 Civil Rights Act |
Date Filed: 02/26/2024 Jury Demand: None Nature of Suit: 441 Civil Rights: Voting Jurisdiction: Federal Question |
| 03/29/2024 | 194 | OPINION filed. Signed by Judge Zahid N. Quraishi on 3/29/2024. (kas) (Entered: 03/29/2024) |
| 03/29/2024 | 195 | ORDER GRANTING Plaintiffs’ Motion for Preliminary Injunction 5 and DENYING Defendants Motions in Limine (ECF Nos. 152-158). Signed by Judge Zahid N. Quraishi on 3/29/2024. (kas) (Entered: 03/29/2024) |
| 03/29/2024 | 196 | Letter from Matthew C. Moench, Esq., to Hon. Zahid N. Quraishi, U.S.D.J., confirming that the Court’s March 29 Order (DKT 195) Is Not Applicable to the Republican Primary re 195 Order on Motion in Limine,,,,,,, Order on Motion for Preliminary Injunction, 194 Opinion. (MOENCH, MATTHEW) (Entered: 03/29/2024) |
| 03/29/2024 | 197 | NOTICE of Appearance by MATTHEW CHRISTOPHER MOENCH on behalf of MORRIS COUNTY REPUBLICAN COMMITTEE (MOENCH, MATTHEW) (Entered: 03/29/2024) |
| 03/29/2024 | 198 | Emergency MOTION to Stay re 195 Order on Motion in Limine,,,,,,, Order on Motion for Preliminary Injunction pending Emergency Appeal to the Third Circuit Court of Appeals by DANIELLE IRELAND-IMHOF. (Attachments: # 1 Text of Proposed Order Proposed Order to Stay Injunction)(PARIKH, RAJIV) (Entered: 03/29/2024) |
| 03/29/2024 | 199 | TEXT ORDER: Plaintiffs have until 4/1/2024 at 12:00pm to respond to Ecf No. 198 Motion to Stay. So Ordered by Judge Zahid N. Quraishi on 3/29/2024. (kas) (Entered: 03/29/2024) |
| 03/29/2024 | 200 | NOTICE OF INTERLOCUTORY APPEAL as to 195 Order on Motion in Limine,,,,,,, Order on Motion for Preliminary Injunction, 194 Opinion by CHRISTOPHER J DURKIN, JOANNE RAJOPPI. Filing fee $ 605, receipt number BNJDC-15231414. The Clerk’s Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. Appeal Record due by 4/29/2024. (GENOVA, ANGELO) (Entered: 03/29/2024) |
| 03/30/2024 | 201 | NOTICE OF INTERLOCUTORY APPEAL as to 195 Order on Motion in Limine,,,,,,, Order on Motion for Preliminary Injunction, 194 Opinion by Camden County Democratic Committee. Filing fee $ 605, receipt number ANJDC-15231520. The Clerk’s Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. Appeal Record due by 4/29/2024. (TAMBUSSI, WILLIAM) (Entered: 03/30/2024) |
| 03/30/2024 | 202 | Substitution of Attorney – Attorney ANGELO A. STIO, III terminated. Attorney SCOTT D. SALMON for Joe Cohn, Staci Berger, James Solomon, Valerie Vainieri Huttle and Ravi Bhalla added.. (SALMON, SCOTT) (Entered: 03/30/2024) |
| 03/30/2024 | 203 | NOTICE of Appearance by PETER JOSEPH KING on behalf of MORRIS COUNTY REPUBLICAN COMMITTEE (KING, PETER) (Entered: 03/30/2024) |
| 03/30/2024 | 204 | Emergency MOTION to Stay re 198 Emergency MOTION to Stay re 195 Order on Motion in Limine,,,,,,, Order on Motion for Preliminary Injunction pending Emergency Appeal to the Third Circuit Court of Appeals, 195 Order on Motion in Limine,,,,,,, Order on Motion for Preliminary Injunction by Camden County Democratic Committee. (TAMBUSSI, WILLIAM) (Entered: 03/30/2024) |
| 03/30/2024 | 205 | Letter from Jason S. Nunnermacker, Esq. re 198 Emergency MOTION to Stay re 195 Order on Motion in Limine,,,,,,, Order on Motion for Preliminary Injunction pending Emergency Appeal to the Third Circuit Court of Appeals. (NUNNERMACKER, JASON) (Entered: 03/30/2024) |
| 03/30/2024 | 206 | NOTICE of Appearance by ERIC H. JASO on behalf of CHRISTINE GIORDANO HANLON (JASO, ERIC) (Entered: 03/30/2024) |
| 03/30/2024 | 207 | LETTER ORDER clarifying that the Preliminary Injunction Order 195 applies to the 2024 Democratic Primary but NOT the 2024 Republican Primary. Signed by Judge Zahid N. Quraishi on 03/30/2024. (Gonzalez, P) (Entered: 03/30/2024) |
| 03/30/2024 | 208 | Letter from Mark R. Natale, Esq., counsel for Defendant Burlington County Clerk re 198 Emergency MOTION to Stay re 195 Order on Motion in Limine,,,,,,, Order on Motion for Preliminary Injunction pending Emergency Appeal to the Third Circuit Court of Appeals. (NATALE, MARK) (Entered: 03/30/2024) |
| 03/31/2024 | 209 | Letter from Edward J. Florio re 198 Emergency MOTION to Stay re 195 Order on Motion in Limine,,,,,,, Order on Motion for Preliminary Injunction pending Emergency Appeal to the Third Circuit Court of Appeals, 195 Order on Motion in Limine,,,,,,, Order on Motion for Preliminary Injunction. (FLORIO, EDWARD) (Entered: 03/31/2024) |