July 26, 2004

TRENTON, NJ - The American Civil Liberties Union of New Jersey today announced that the United States District Court has issued a final judgment declaring New Jersey's petition filing statute unconstitutional and blocking its enforcement.

The ACLU had challenged a New Jersey law that requires independent and alternative political party candidates to file signature petitions 54 days before a primary election to gain a place on the general ballot in November. This year, the deadline would have been today.

The ACLU filed the lawsuit - In Council of Alternative Political Parties et al v. Lonna Hooks - on behalf of a broad coalition of voters, candidates, and alternative political parties, representing widely divergent viewpoints that span the political spectrum. The plaintiffs include the Council of Alternative Political Parties, the Green Party of New Jersey, the Natural Law Party, the New Jersey Conservative Party, the New Jersey Libertarian Party, and the U.S. Taxpayers Party of New Jersey.

"The District Court applied well-established Supreme Court precedent, which has repeatedly recognized that state laws that unjustifiably restrict access to the ballot violate the Constitution because they deprive citizens of an opportunity to vote for a candidate who will represent their political views," said Lenora M. Lapidus, the Legal Director of the ACLU of New Jersey who was lead counsel in the case.

"New Jersey's early filing deadline was unconstitutional because it imposed a severe burden on alternative political party candidates and was not necessary to serve any State interest," Lapidus said. "Apart from challenges to signatures, which are resolved in a matter of days, no action is taken on the petitions until August, when the Secretary of State notifies the county clerks of the candidates who will appear on the ballot."

Unlike Democratic and Republican candidates, who appear on the ballot by winning a primary election, New Jersey law allows independent and alternative political party candidates to appear on the general election ballot only by submitting petitions containing the signatures of the required number of registered voters.

State law prohibits any party that did not receive 10 percent of the vote in the last General Assembly election from conducting a primary election to nominate candidates. Nevertheless, the statute required independent and alternative political party candidates to file their petitions 54 days prior to the primary election.

The ACLU argued that the early deadline for filing ballot petitions prevents alternative political parties from responding to political developments that arise during the election campaign, or to voter dissatisfaction with the major party candidates.

The ACLU also argued that the early deadline restricts the number of candidates that alternative political parties may field, because signatures must be gathered at a time of year when voters are not focused on the November elections and when the weather and hours of sunlight make it more difficult for candidates to gather signatures.

Last year, the United States District Court and Court of Appeals for the Third Circuit ruled that the April deadline should not apply for the 1997 elections.

The plaintiffs are represented by Lenora M. Lapidus and David Rocah of the ACLU of New Jersey.