Andy Kim Scores Major Victory Against New Jersey Democratic Machine

TRENTON, N.J. — A federal judge on Friday struck down New Jersey’s long-standing practice of listing candidates favored by political bosses more prominently on state ballots than primary opponents running without the parties’ blessing.

For years, the practice has greatly enhanced the power of the leaders of county organizations and made it difficult for primary challengers to oust incumbent lawmakers.

U.S. District Judge Zahid Quraishi granted the preliminary injunction at the request of Rep. Andy Kim, D-N.J., who is running for the Senate seat currently occupied by Sen. Bob Menendez, D-N.J.

Menendez was indicted on federal bribery charges in September, and stands accused, among other things, of acting as a foreign agency. He has staunchly maintained his innocence and is set to face trial in early May.

As a result, he said he would forgo the Democratic primary, but he’s held open the possibility of running as an independent in the general election.

In his ruling, Quraishi made clear he recognized the “magnitude” of his decision.

“The integrity of the democratic process for a primary election is at stake and the remedy plaintiffs are seeking is extraordinary,” he wrote. 

“Mandatory injunctive relief is reserved only for the most unusual cases,” Quraishi continued. “Plaintiffs’ burden on this motion is therefore particularly heavy. Nevertheless, the court finds, based on this record, that plaintiffs have met their burden and that this is the rare instance when mandatory relief is warranted.”

Kim filed his lawsuit last month, at a time when his main opponents were the specter of Menendez and the very real New Jersey First Lady Tammy Murphy.

The other candidates vying for the Democratic Senate nomination are Patricia Campos-Medina, a labor leader, and Lawrence Hamm, a community activist who is a perennial candidate for one office or another.

Initially Kim, who gained fame nationally after a photographer captured images of him cleaning up debris in the Capitol rotunda in the wake of the Jan. 6, 2021, attack, was firmly behind Murphy, who quickly locked up the support of most of the state’s Democratic leaders and much of the state’s congressional delegation.

Murphy’s fortunes suffered a blow, however, when New Jersey Attorney General Matthew Platkin, who was appointed to his post by the governor, announced he believes the ballot system is unconstitutional and he would no longer defend the practice in court. 

Crestfallen, Murphy announced her decision to leave the race Sunday afternoon, saying it was now clear to her that continuing would “involve waging a very divisive and negative campaign, which I am not willing to do.” 

“With Donald Trump on the ballot and so much at stake for our nation, I will not in good conscience waste resources tearing down a fellow Democrat.”

In the meantime, Kim’s campaign began to gain momentum. By the time Murphy exited the race, he’d already enjoyed a series of county line ballot wins.

Still, the system rankled.

“Today’s decision is a victory for a fairer, more democratic politics in New Jersey,” the congressman said in a statement after Quraishi’s decision was announced.

Kim was joined in his lawsuit by Sarah Schoengood, who is seeking the Democratic nod to run for Kim’s 3rd Congressional District seat in the House, and Carolyn Rush, also a Democrat, who is running in New Jersey’s 2nd Congressional District in a bid to unseat Democrat-turned-Republican Jeff Van Drew.

Kim declined to take credit himself for taking down the machine, if only temporarily, saying the outcome only happened due to “the incredible grassroots work of activists across our state.”

“They were the ones who saw an undemocratic system marginalizing the voices of voters, and worked tirelessly to fix it,” he said.

Dan can be reached at [email protected] and @DanMcCue