Bringing Back Fusion Voting: Michael Tomasco & William Kibler v. NJ Division of Elections et al.
- 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
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
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
Additional Resources
Additional Resources
The First Amendment and Fusion Voting By Andy Craig, Cato Institute, September 26, 2022 The First Amendment and Fusion Voting
The Case for Fusion Voting and a Multiparty Democracy in America By Lee Drutman, New America, September 2022 The Case for Fusion Voting and a Multiparty Democracy in America
More Choices, More Voices: A Primer on Fusion By J.J. Gass & Adam Morse, Brennan Center for Justice, October 2006 More Choices, More Voices: A Primer on Fusion
Fusion Voting: An Analysis By Myriah Pahl, Demos, March 2007 Fusion Voting: An Analysis
Related Content
-
Pro-Democracy Centrist Voters and Moderate Party File Brief Challenging New Jersey’s Unconstitutional Ban on Fusion Voting
- Shaping the Democracy of Tomorrow
- Litigation
- Statements
-
Will the Utah Senate Race Break the Partisan Doom Loop?
- Shaping the Democracy of Tomorrow
- Research & Analysis
- Op-Ed
-
Without Fusion Voting, It’s an Uphill Climb for Independents Like Missouri’s John Wood
- Shaping the Democracy of Tomorrow
- Research & Analysis
- Op-Ed
Relevant Experts
It can happen here.
We can stop it.
Defeating authoritarianism is going to take all of us. Everyone and every institution has a role to play. Together, we can protect democracy.
Donate
Sign Up for Updates Sign Up for Updates
Explore Careers Explore Careers
How to Protect Democracy How to Protect Democracy