Challenging the Constitutionality of N.J.’s Anti-Fusion Laws
- July 20, 2022
Our rigid two-party system frames political conflict as a zero-sum, existential fight for the soul of the country. In New Jersey and other states, anti-democratic extremism and polarization are rapidly accelerating. Fusion voting is the off-ramp we need to break this cycle.
Fusion allows multiple political parties to nominate the same candidate on the ballot. With fusion, a centrist minor party can cross-endorse the Democratic or Republican candidate demonstrating a stronger commitment to democracy and the rule of law. This would allow voters, parties, and candidates to put aside differences in order to form the cross-partisan, pro-democracy coalitions needed to stem the rising authoritarian threat.
Voting on the minor party line gives voters a permission slip to vote across partisan lines without sacrificing their partisan identity: they can support the candidate who shares their values without having to support the major party itself. This is a powerful tool. When fusion was legal nationwide throughout the 1800s, minor parties thrived and often played a decisive role in local, state, and federal elections.
Protect Democracy is representing two New Jersey voters, Michael Tomasco and William Kibler, in a lawsuit challenging the constitutionality of New Jersey’s statutory prohibition on fusion voting. Our clients are among a broad coalition of liberal, conservative, and centrist voters fighting to bring fusion back to the Garden State.
Fusion voting is good for our democracy: it makes the ballot more informative, it gives a greater voice to citizens who don’t identify with the two major parties or who feel alienated from the political process, and it solves the ‘spoiler’ problem facing minor parties and their supporters.
Miles Rapoport, former Connecticut Secretary of State
Moderate Party asks Supreme Court to hear fusion voting case
By Nikita Biryukov, New Jersey Monitor, July 20, 2023
‘Anti-Fusion Voting’ Laws and the Problem with a Two-Party System By Udi Ofer, New Jersey Law Journal, July 17, 2023
Appeals court denies bid by N.J., GOP to toss fusion voting lawsuit By Nikita Biryukov, New Jersey Monitor, May 2, 2023
Want to encourage centrists? Tell the party bosses to back off By Editorial Board, Star-Ledger, Apr. 27, 2023
Why we need a 3rd political party in New Jersey By Gov. Christine Todd Whitman and Sen. Robert Torricelli, Star-Ledger, Apr. 23, 2023
Nine months later, fusion voting case trudges on By Nikita Biryukov, New Jersey Monitor, Apr. 20, 2023
FDU Poll: Majority in New Jersey support Fusion Ticket laws By Dan Cassino, Fairleigh Dickinson University Poll, Feb. 16, 2023
Push for fusion voting in New Jersey didn’t end with Rep. Tom Malinowski’s loss By Terrence T. McDonald, New Jersey Monitor, Nov. 22, 2022
Does Fusion Voting Offer Americans a Way Out of the Partisan Morass? By Blake Hounshell, The New York Times, Nov. 21, 2022
Why pro-democracy advocates want to bring back this electoral system from the 1800s By Talib Visram, Fast Company, Oct. 20, 2022
New Jersey Centrists Seek to Legalize Their Dream: The Moderate Party By Blake Hounshell, The New York Times, June 7, 2022
Heard of fusion voting? It would actually benefit New Jersey By Miles Rapoport, The Star Ledger, Sept. 30, 2022
I’m suing NJ to fix election laws. Why? We need fusion voting By Michael Tomasco, The Bergen Record, September 30, 2022
What is fusion voting and why do some want to revive it in New Jersey? By Dana Difilppo, New Jersey Monitor, Aug. 1, 2022
The Regional Roundup WHYY Radio Times, July 25, 2022
Case Documents
Appellants Motion for Direct Certification in the N.J. Supreme Court July 20, 2023 Appellants Motion for Direct Certification in the N.J. Supreme Court
Appellants Reply Brief July 10, 2023 Appellants Reply Brief
Amicus Brief – ACLU of NJ (Prof. Robert Williams, Prof. Ronald Chen) July 10, 2023 Amicus Brief – ACLU of NJ (Prof. Robert Williams, Prof. Ronald Chen)
Amicus Brief – Prof. Tabatha Abu El-Haj (Wachtell Lipton) July 10, 2023 Amicus Brief – Prof. Tabatha Abu El-Haj (Wachtell Lipton)
Amicus Brief – Gov. Whitman, Rainey Center, and Cato Institute (Kirkland & Ellis; Gibbons Law) July 10, 2023 Amicus Brief – Gov. Whitman, Rainey Center, and Cato Institute (Kirkland & Ellis; Gibbons Law)
Amicus Brief – Political Scientists Masket, McCarty, and Noel (Anselmi & Carvelli) July 10, 2023 Amicus Brief – Political Scientists Masket, McCarty, and Noel (Anselmi & Carvelli)
Amicus Brief – NJ Libertarian Party (Pashman Stein) July 10, 2023 Amicus Brief – NJ Libertarian Party (Pashman Stein)
Amicus Brief – Bipartisan Former Members of Congress (WilmerHale) July 10, 2023 Amicus Brief – Bipartisan Former Members of Congress (WilmerHale)
Amicus Brief – Historians Argersinger, et al. (Stroock & Stroock) July 10, 2023 Amicus Brief – Historians Argersinger, et al. (Stroock & Stroock)
Amicus Brief – Brennan Center for Justice (Morrison & Foerster) July 5, 2023 Amicus Brief – Brennan Center for Justice (Morrison & Foerster)
Intervenor Opposition Brief June 12, 2023 Intervenor Opposition Brief
Respondents Opposition Brief June 12, 2023 Respondents Opposition Brief
Appellate Division Order Denying Motions to Dismiss, Transfer, or Strike May 2, 2023 Appellate Division Order Denying Motions to Dismiss, Transfer, or Strike
Appellants Opening Brief Dec. 16, 2022 Appellants Opening Brief
Appellants Appendix Volume I Dec. 16, 2022 Appellants Appendix Volume I
Appellants Appendix Volume II Dec. 16, 2022 Appellants Appendix Volume II
Appellants Appendix Volume III Dec. 16, 2022 Appellants Appendix Volume III
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