New Jersey's primary ballot system at issue in race for Sen. Robert Menendez's seat
TRENTON, N.J. -- A battle is brewing among New Jersey Democrats running for fellow Democrat Robert Menendez's U.S. Senate seat.
Menendez, who has said he has not ruled out running as an independent, is facing corruption charges.
Among the candidates are the first lady of New Jersey and a congressman, who wants to change the state's primary ballot system.
Congressman Andy Kim was in federal court on Monday, arguing primary ballots used in 19 of 21 counties violate his constitutional rights and put him at a disadvantage against one candidate.
"Well, Tammy Murphy is the candidate that's getting substantial advantage here in this race," Kim said.
Tammy Murphy, Gov. Phil Murphy's wife, has received Democratic county chair endorsements in large counties like Bergen and Passaic, which use what's called the county line ballot system.
"When she first jumped in ... beyond getting the county chair endorsements from a number of counties, eight or nine counties, at that time. I mean, a number of these county chairs never even returned my phone calls, never gave me a chance, and certainly, right out of the gate, there was unfairness to that system," Kim said.
County chair-endorsed candidates have their names appear in a row or column on a county line ballot. In an old sample ballot, Sen. Cory Booker's name fell under Joe Biden's, associating him with the president.
Kim and other groups want every county to use an office block format ballot, where candidates seeking the same office have their names appear in the same box.
"We are on this case because we believe New Jersey needs representative democracy," said Antoinette Miles, state director of New Jersey Working Families.
CBS New York reached out to Tammy Murphy's campaign, but did not immediately hear back.
Attorneys representing some county clerks in federal court said Kim didn't mind it when he had the coveted spot on the county line ballot.
Joanne Raijoppi, Union County's clerk, said it's too late to change ballots for the June 4 primary.
"There are many, many steps involved. The time frame is very close," Raijoppi said. "The bigger concern for me is the voter, you know? The voter is used to the old ballot."
Jersey City Mayor Steven Fulop said Kim's fight is part of the reason he's now supporting the congressmen and ditching his endorsement of the first lady. Fulop told CBS New York he's disappointed with Tammy Murphy's candidacy.
"Every county has its own convention. Every convention has been frustrating to watch one week, worse than previous," Fulop said. "There is a sense of entitlement we couldn't have predicted six months ago and a reluctance to kind of speak about that."
The judge is expected to make a ruling as early as next week and there is somewhat of a deadline. Officials would have to start the process of changing those ballots by April 20.
This past weekend, New Jersey's attorney general also sent a letter to the judge in the case, saying he will not defend the county line ballot system in court.
