Andy Kim Sues to Block Preferential Treatment on Ballots in Senate Race

[brooklynite]

Source: New York Times

Representative Andy Kim, a Democrat running for Senate in New Jersey against the state’s first lady, filed a federal lawsuit on Monday that seeks to redesign the ballot before June’s contentious primary election, arguing the current layout unfairly benefits candidates supported by party leaders.

The complaint aims to topple New Jersey’s longstanding ballot-design process, which is unique to the state, by asserting it violates the constitution and permits voters to be “cynically manipulated.”

The legal maneuver is a direct attack on the governor’s wife, Tammy Murphy, who is Mr. Kim’s chief opponent in the Democratic primary and is likely to benefit most from the way ballots have traditionally been designed in 19 of the state’s 21 counties.

And it is certain to intensify public debate over the use of “the line,” the preferential ballot position that allows party leaders to bracket their preferred candidates for all races in a prominent column or row. Unendorsed candidates appear off to the side, in a nearby row or at the ballot’s edge, a location commonly referred to as “ballot Siberia.”

Read more: https://www.nytimes.com/2024/02/26/nyregion/new-jersey-senate-race-ballot-design.html?unlocked_article_code=1.YU0.MxaG.hLbmpZ8p4qNU&smid=url-share

[NJCher]

1. Wow

this is a big deal. This issue has plagued NJ politics for a long, long time.

I come from a marketing background, thus I know about spatial positioning in motivating a "sale." Think about large supermarket chains. Manufacturers have to buy eye-level space on the shelves.

There's another way NJ uses spatial positioning, which I will tell about so you know how sophisticated this state is with this type of thing.

Let's just say you accidentally go through a toll booth by mistake, without paying. They capture your car's picture showing your license plate and send you this communication with your car's picture on it. Most states probably do this.

There is ominous language telling you that you have to pay the toll plus $50. It might be even more now. However, back when I and my lawyer friend analyzed these communications, we found way down on the bottom of the second page an option: you can just send in the toll you missed. No $50. So let's say you mistakenly went through the toll, all you have to do is tell them how you made the mistake (like they care--not!) and give them their $1.25 and you're done.

The trick is that all this is written in what we in the ad biz call "mouse type." Six or eight point type. It's so small it's a PITA to read, so people just take the easy way out and send in the toll plus the $50 rather than read all the mouse type on the two pages.

I used to put this "letter" or notice, whatever you want to call it, on an overhead screen and tell my ad layout students: This is how to design a communication NOBODY will read. They don't want anybody to read it.

Same thing with the top line on the ballot. People naturally just look at the top part, thinking everything below that is less important.

[brooklynite]

3. Someone sued to ban the Party-endorsement column in 2022...apparently without success.

https://newjerseymonitor.com/briefs/lawsuit-targeting-disputed-ballot-design-as-unconstitutional-can-proceed-judge-says/

[Silent Type]

2. I suspect it works well if say Don trump is listed to side. But, it sure sounds unfair.

Even having Incumbent by a candidate’s name helps garner votes, unless voters are really ticked.