In re Tom Malinowski
Appellants claimed that state’s ban on fusion voting violates rights to vote, to free speech and political association, to equal protection, and to assemble under state constitution. Appellants appealed Secretary of State’s denial of a request by the New Jersey Moderate Party to nominate a candidate because that candidate had also sought the Democratic Party’s nomination and so was banned from appearing on multiple ballot lines. On February 26, 2025, the New Jersey Appellate Division held that the state’s ban on fusion voting did not violate the state constitution. The New Jersey Supreme Court declined to hear an appeal, leaving the Appellate Division ruling in effect.
Note: The Brennan Center for Justice, which maintains State Court Report, filed an amicus brief in this case.
Related Commentary
New Jersey Considers Challenge to its Ban on Fusion Voting
The practice, which allows multiple political parties to nominate the same candidate for the same office, ensures third parties can meaningfully participate in the electoral process.