Century-old laws in New Jersey restrict participation and silence new political voices. Protect Democracy is helping voters challenge them.

In December 2022, a group of New Jersey voters filed litigation alleging that the New Jersey Constitution prohibits the state from excluding their new political party’s nomination from the general election ballot simply because their nominee also has the support of a second party. The state’s exclusion of the nomination prevents voters, their party, and their nominee from engaging in protected political speech and freely associating in the political process. It also denies them equal protection under the law.

The “anti-fusion” laws at the heart of the case were adopted in the early 1900s with the explicit purpose of limiting political participation and competition. Prior to these laws, fusion was a common electoral practice in New Jersey and across the nation, allowing for minor parties to play a substantial and constructive role in the political process.

Protect Democracy is representing two New Jersey voters, Michael Tomasco and William Kibler, in their challenge to the constitutionality of their state’s anti-fusion laws. Our clients are among a broad coalition of liberal, conservative, and centrist voters taking on these unlawful restrictions that impede healthy political competition.

In February 2025, the Appellate Division ruled that New Jersey’s anti-fusion laws do not violate the state’s constitution. Plaintiffs have asked the New Jersey Supreme Court to review the case and remain hopeful that the Court will recognize the clear constitutional harm caused by these laws enacted to restrict competition and participation.

Featured Press Coverage

July 17, 2023

‘Anti-Fusion Voting’ Laws and the Problem With a Two-Party System

Read more

Dec. 9, 2024

Fusion voting would encourage coalitions, decrease polarization

Read more

April 23, 2023

Whitman & Torricelli: Why we need a 3rd political party in New Jersey

Read more

Case Documents