N.J. voter-registration laws violate rights of minor parties

By The Associated Press

09.11.01

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NEWARK, N.J. — New Jersey's voter-registration laws violate the constitutional rights of minor parties by not offering categories other than Democrat, Republican or Independent, a state appeals court ruled yesterday.

The unanimous decision by three judges of the state Appellate Division upheld a March 2000 decision by state Superior Court Judge Anthony J. Parrillo.

The decision was welcomed by the Council of Alternative Political Parties, a coalition that includes the Reform Party, the Libertarian Party, the Green Party, the Natural Law Party and the U.S. Taxpayers Party.

"They consider this an important asset to organize their supporters," said the council's lawyer, Frank Askin, of the Constitutional Litigation Clinic at Rutgers Law School in Newark.

The effort was opposed by the state, and Democratic and Republican parties.

Under current law, only the Democratic and Republican parties qualify as "official parties." As a result, only those two parties have free access to county registration lists, which give the names and addresses of voters who chose to register as members of their party.

For a third party like the Libertarians or the Reform Party to qualify for these benefits, their candidates would have to attract 10% of the votes in an election for the state Legislature. Only then would they get free access to such lists.

Parrillo held that other groups are entitled to be considered a political party for the limited purposes of the party declaration forms and state-compiled voter-registration lists.

Denial infringes on the equal-protection, free-speech and association rights of smaller parties, he found.

"Interestingly, while recognizing that a state has a valid interest in maintaining a list of qualified and registered voters to assure the fair, honest and efficient administration of the primary and general election process, the Supreme Court of the United States reminded us that the state does not have an unconditional license to insure the preservation of the present political order," Appellate Judge Mary Catherine Cuff wrote for the panel, which also included Judges Steven L. Lefelt and Dorothea Wefing.

Lawyers for the Republican and Democratic parties argued that relaxing the rules would allow frivolous fringe parties to flood the voter-registration rolls. The state attorney general's office said it would be too much work for county elections officials.

Attorney general's office spokesman Paul Loriquet said it would review the ruling to determine whether to appeal to the state Supreme Court.

Lawyers for the Democrats and Republicans did not immediately return messages seeking comment yesterday.

New Jersey had 4.65 million registered voters for the June gubernatorial primary, of which more than 55% were unaffiliated. Nearly one-quarter registered as Democrats, while 18.3% were Republicans. Just 13,212 were Independent.