Tomorrow, December 10, judges on Part E will hear oral argument in In re Tom Malinowski, Petition for Nomination for General Election, November 8, 2022, for United States House of Representatives New Jersey Congressional District 7. It is an appeal from an administrative agency action in the Department of State.

The case arose out of the desire of the Moderate Party to nominate then-Congressman Tom Malinowski to run on the Moderate Party line in the 2022 election. Congressman Malinowski was, however, also the nominee of the Democratic Party for that office. Under “anti-fusion” statutes that forbid a candidate from being nominated on more than one party line, the Secretary of State denied the Moderate Party’s nominating petitions. The Moderate Party, joined by several individuals, then brought this appeal.

The case has attracted great interest from a number of amici. The Moderate Party and its amici contend that the anti-fusion laws violate constitutional rights, including the right to vote, the rights of free speech, association, and assembly, and the right to equal protection of the laws. The Secretary of State and her amici say that the statutes at issue do not infringe any of those rights, and that neither the United States nor New Jersey Constitution require that fusion voting be permitted.

The voluminous briefs, which total over 450 pages, are available here. The oral argument can be viewed here.