New Jersey
Appeals court promises quick ruling on appeal of order barring county-line ballots • New Jersey Monitor
A federal appeals court will swiftly decide whether to allow the use of county-line ballots in June’s Democratic primary after hearing oral arguments Friday in Rep. Andy Kim’s case against the county line, one of the three judges on the panel said.
During the nearly two-hour hearing, an attorney for the Camden County Democratic Committee alleged the county line should be allowed to continue because it furthers the associational rights of political organizations. County-line ballots allow candidates backed by party organizations to be grouped or bracketed together on primary ballots.
“Political parties have the right, whatever the affiliation of the political party, whatever the faction of the political party, have the right to associate with and not associate with endorsed and not-endorsed candidates,” Bill Tambussi, the attorney, told the court.
Tambussi argued that existing state case law had confirmed the line’s legality and said that barring candidates from bracketing is an unconstitutional infringement of counties’ associational rights.
Kim (D-03) and his co-plaintiffs, congressional candidates Sara Schoengood and Carolyn Rush, have argued New Jersey’s county-line ballot design violates constitutional protections on free association and the U.S. Constitution’s elections clause. They argue the county line requires candidates to associate with candidates they may not want to in order to avoid inferior ballot placement and improperly influences election outcomes by giving party-backed candidates better ballot placement.
A lower-court judge sided with Kim two weeks ago and ordered county clerks not to use county-line ballots in June’s Democratic primaries. The judge said clerks must use office-block ballots, which instead group candidates based on the office they’re seeking.
Most of the clerks initially appealed the order but have since dropped out of the appeal and are moving forward with printing office-block ballots for June. The Camden committee is the only organization still challenging the lower-court order.
Judges on Friday appeared skeptical of Camden Democrats’ associational arguments, noting 49 other states and two of New Jersey’s own counties use a ballot design that Tambussi claims is unconstitutional.
“If not having bracketing is unconstitutional, then 49 out of 50 states are doing something severely wrong,” said Judge Arianna Freeman.
Judges also questioned Tambussi’s arguments on associational rights, noting Kim’s suit does not seek to bar the use of slogans that could tie endorsed candidates to a party.
“They’re saying, sloganeer all you want,” said Judge Kent Jordan.
Jordan added that the question here is, “Are you constitutionally entitled to a ballot form that will, according to the facts found by the district court, clearly put a thumb on the scale.”
Sean Marotta, an attorney for the Middlesex County Democratic Organization, which joined the case as a friend of the court, argued that candidates like Rush and Schoengood who do not win the endorsement of local party leaders should be treated like independent candidates in general elections. He cited a state law that bars parties that did not earn 10% of the vote share in the most recent general election with Assembly seats on the ballot from winning top ballot spots (in New Jersey, only Republican and Democratic parties meet that bar).
“It’s random whether it’s Republicans or Democrats who get the first column,” Marotta said. “Then all of the independent petition candidates are put in the third column stacked on top of each other, and this court upheld that.”
Brett Pugach, an attorney for Kim and his co-plaintiffs, argued in response that for general elections, there could be a state interest in maintaining a two-party system. Such an interest does not exist in primaries, when only Republicans and Democrats are on the ballot, he said.
Camden Democrats have argued that the advantage granted by the county line — the lower court’s fact-finding placed it at roughly 11 points — is not a severe enough burden to trigger deep scrutiny of the state’s interest in party lines. Such a finding would trigger a less stringent standard of review.
Pugach argued the contrary, citing the lower court’s findings and adding that the harms posed by county-line ballots still outweigh the state’s interest in maintaining them. He noted that county clerks and Camden Democrats did not offer evidence demonstrating such a state interest.
“In other words, even if the court didn’t apply a severe burden, it’s still a sliding-scale analysis, and as I said before, there’s no evidence in the record as to the state interest,” Pugach said.
Both sides discussed a letter Attorney General Matt Platkin sent the lower-court judge that calls the county-line ballot design unconstitutional and says Platkin would not defend it in court.
Judges asked attorneys Friday whether they should consider the letter. Kim’s lawyers argued in favor, saying the letter is part of the record and Platkin’s refusal to defend the statute is itself notable to the court. Tambussi argued it should be discounted because Platkin did not move to join the case.
“He had the opportunity to step into the case because the secretary of state was a party to the case. He had the opportunity to do that, and he did not,” Tambussi said.
It’s not clear when the appeals panel will issue its ruling, though the promise of promptness and looming election deadlines should ensure a quick resolution.
“Today, we reaffirmed that the evidence presented in this case establishes an unfair burden on voters and candidates that hinders the democratic process. The Court promised a prompt decision, which we look forward to reading,” Pugach said in a statement.
Clerks are due to begin sending out mail-in ballots by April 20, though courts can and have delayed such deadlines in the past. Earlier election deadlines on ballot printing are paused in some counties while state courts hear a separate ballot case over the Republican primary.
Because Kim’s lawsuit was launched only by Democratic candidates, the order barring county-line ballots in June applies only to that party’s primaries.
Republican candidates have sued in state court to force the use of office-block ballots in their primaries, and the Burlington County Republican Committee has sued the county’s clerk, alleging she violated state law when designing an office-block ballot for June GOP races.
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New Jersey
‘Weekend Update’: Bowen Yang Returns As Unfairly Besieged Inanimate Object — This Time A Drone Flying Above New Jersey
In a return to form, Saturday Night Live‘s “Weekend Update” featured Bowen Yang as another aggrieved inanimate object standing up for themselves (hat tip to previous performances as the Titanic iceberg and viral pygmy hippo Moo Deng).
During this week’s final episode of the year, with host Martin Short and musical guest Hozier, Yang portrayed a besieged and mysterious drone flying over New Jersey. Introduced by co-host Michael Che, Yang began without missing a beat, “Hey, wow, indoors — this is different.”
When asked by Che “what” he was exactly, Yang answered: “OK, no, we’re not gonna do that. See, I know what I am, and I don’t have to explain myself to anyone at any time for any reason.”
He continued, justifying his actions flying high in the sky for no discernible reason: “All y’all hate me ’cause I’m up. Everybody’s like, ‘Is it a UFO, is it military, is it promo for SNL 50?’ Meanwhile, I’m just minding my business, hovering over people’s homes, maybe filming them. Also, what is so threatening about random machines in the night sky? God, it’s like y’all have never been to Afghanistan before.”
As Che relayed that the government has said the drones are probably “manned,” Yang quipped: “What’s this obsession with whether I’m ‘manned’ or not? For the record, I can get a man whenever I want. Trust me, there’s no problem there.”
He conceded, however, that he does have a boo: “I’m dating the helicopter from Succession, if you must know.”
In a rousing end, Yang as the drone broke out into song, mirroring the lyrics to Elphaba’s “Defying Gravity,” belting out that nobody is “ever gonna bring me down.” (Yang was a prominent cast member in this year’s blockbuster Wicked: Part One, opposite Ariana Grande and Cynthia Erivo, who portrayed Elphaba.)
“For what be a drone but a mirror to society — and potentially a killing machine?” he posited.
Outside of Yang’s appearance, co-hosts Colin Jost and Che rattled through a few timely jokes, including about alleged UnitedHealthcare shooter Luigi Mangione‘s recent arrival to New York City, which drew loud cheers from the audience. Jost joked that the cheers were for “justice” and that, relatedly, “Bumble exploded” upon his return to the city.
Also, Che and Jost participated in their tradition of joke-swapping, during which Jost was forced to talk in a “Black voice” and poke fun at wife and actress Scarlett Johansson. Meanwhile, Che was forced to joke about being present at Sean Combs’ parties and comment on the rape allegations facing Jay-Z.
See “Weekend Update” below:
New Jersey
'They found us': Coast guard crew in New Jersey reports mysterious drones, alleges White House cover up – Times of India
Coast guardsmen from Barnegat Light, New Jersey, are voicing frustration after federal officials dismissed their accounts of being followed by a fleet of drones while patrolling the Atlantic Ocean earlier this month.
A Coast guard member, speaking anonymously, shared his disbelief, stating, “It’s the implication that’s insulting.”
“It’s implying we’re making things up, when the ones making up things are down in Washington, DC.”
The sailor’s comments came shortly after the Federal Aviation Administration (FAA) imposed temporary flight restrictions over parts of New Jersey and New York. He was among 12 crew members aboard the 47-foot rescue vessel that encountered the drones on the evening of the sighting.
“We were actually out there to see if we could spot any drones, because of all these sightings,” the sailor explained. “Well, we found some drones. Or more accurately, they found us.”
According to the sailor, the drones appeared suddenly around 9 pm and followed the vessel for about 15 minutes. The drone swarm mirrored the boat’s movements, shifting direction as the boat did. “They had four propellers, about seven feet across, with festive red, green, and white flashing lights,” he said. The drones flew at an estimated 80 to 100 feet above the vessel.
The swarm kept pace with the Department of Homeland Security boat, which was travelling at around 20 knots (just over 20 miles per hour). The drones eventually ascended, climbing an additional 100 feet before veering left towards the shoreline and disappearing from sight.
The sailor is adamant that these were no ordinary commercial drones. “Commercial airplanes don’t move like that. We know what drones look and sound like,” he said.
However, White House spokesman John Kirby downplayed the Coast Guard’s account, suggesting the drones could have been a mix of commercial, hobbyist, and law enforcement drones, as well as aircraft and even stars mistakenly identified as drones. Kirby stated that the sightings presented no national security or public safety threat, and suggested that the Coast Guard might have confused incoming airliners with drones.
The Coast Guardsman disagreed, saying, “I can’t pretend to know what’s going on, but those weren’t the types of drones you can buy at the store. These were government drones.”
The sailor added, “I don’t care what Kirby or [DHS head Alejandro] Mayorkas say — they’re full of sh-t.” He stressed that while their orders were to observe and not engage with the drones, they would have taken defensive action if the drones had acted aggressively.
Local officials, including Representatives Chris Smith and Jeff Van Drew, have criticised the federal response, demanding a clear explanation for the mysterious drone activity, the New York Post quoted.
Since November 18, more than 1,000 drone sightings have been reported over New Jersey, with dozens more in New York’s airspace, raising growing concerns over the presence of drones in civilian airspace. Federal authorities, however, maintain that the sightings pose no security threat.
New Jersey
Winter begins with overnight snow, frigid temps
Winter — and the weekend before Christmas — kicked off in New Jersey with residents across a wide swath of the region waking up Saturday morning to find snow on the ground.
And frigid temperatures are next.
An overnight storm coated the region from North Jersey to the Philadelphia metro area with anywhere from an inch to 5 1/2 inches of snow as the first day of the winter season arrived — and as people continue traveling for the holidays. There was snow in 13 counties in the Garden State.
Lingering flurries are possible across the eastern part of the state, though light snow is expected to taper off everywhere in the morning, according to the National Weather Service.
Meanwhile, an arctic air mass is forecast to bring “brisk and cold conditions” across the region the rest of the weekend, the weather service said.
High temperatures are expected to range from the 20s north of Interstate 78 to the low 30s south of the highway, while lows will fall into the teens, according to forecasters. There will also be blustery conditions in the afternoon, with wind gusts between 15 and 35 miles per hour.
Temperatures in New Jersey in late December normally reach the low 40s during the day and around 30 degrees overnight.
The snow and cold could cause slippery road conditions, though it’s more likely snow accumulated on grass, according to AccuWeather. The cold temperatures also mean the snow could stick around as Christmas and Hanukkah begin arrive this week.
Looking ahead, next week is also expected to be cold, with highs stuck in the 30s, according to forecasts. There is also a chance for light snow Tuesday morning — Christmas Eve — especially in North Jersey. Christmas is expected to be sunny and seasonable Wednesday.
Although it’s not an official weather term, the National Weather Service defines a white Christmas as having just 1 inch or more of snow on the ground on the morning of Dec. 25 — either fresh snow or lingering snow from a previous storm.
Current weather radar
Thank you for relying on us to provide the local news you can trust. Please consider supporting NJ.com with a voluntary subscription.
NJ Advance Media staff writer Len Melisurgo contributed to this report.
Brent Johnson may be reached at bjohnson@njadvancemedia.com. Follow him on X at @johnsb01.
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