Friend of the Court

Advocates for the rights of independent voters in New Jersey are taking a different approach to reform of the electoral process. Instead of working to change the law by petition or legislative action, they're suing the state in Federal Court for depriving voters not affiliated with a major party equal access to the voting franchise. Since we're sort of into that whole "equal voting" thing, we submitted an Amicus Curiae (literally "friend of the court") filing advocating the court adopt a simple test to determine whether the franchise provides all voters equal weight. You can read the full brief here or the summary of the argument below:


The Supreme Court of the United States has underscored the requirement of equality in our voting franchise, but little attention has been focused on the judicial tests for measuring that standard.  The present New Jersey closed primary system violates the equal vote weight standard and impermissibly underwrites an official state process that ratifies oligarchic control of voter selections.

Amicus argues for articulation of a judicial test that is consistent with underlying democratic theory and which will insure that voters are equal to each other in exercising the franchise that is part of their entitlement under the Constitution.