Independent Voter Project
Reply to Opposition Filed in 3rd Circuit Court of Appeals
Appellants in the lawsuit challenging the constitutionality of the New Jersey primary structure filed a reply to the secretary of state’s opposition brief with the U.S. Third Circuit Court of Appeals on Wednesday.
The legal strategy reasserts the argument that because primary elections are an integral stage of the public election process, the state has an obligation to protect every voter’s fundamental right to equal and meaningful participation.
Since March, when the lawsuit was filed, the secretary of state has argued that the plaintiffs are trying to force the state to allow nonmembers access to the private nomination proceedings of the Republican and Democratic parties.
However, at no point in the last 9 months has the coalition argued that the Constitution entitles voters participation rights in the private nomination proceedings of political organizations or that the state should force parties to open their doors to nonmembers.
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