KIM v. HANLON

No. 24-1594.

ANDY KIM, in his personal capacity as a candidate for U.S. Senate; ANDY KIM FOR NEW JERSEY; SARAH SCHOENGOOD; SARAH FOR NEW JERSEY; CAROLYN RUSH; CAROLYN RUSH FOR CONGRESS, v. CHRISTINE GIORDANO HANLON, in her official capacity as Monmouth County Clerk; SCOTT M. COLABELLA, in his official capacity as Ocean County Clerk; PAULA SOLLAMI COVELLO, in her official capacity as Mercer County Clerk; MARY H. MELFI, in her capacity as Hunterdon County Clerk; STEVE PETER, in his official capacity as Somerset County Clerk; HOLLY MACKEY, in her official capacity as Warren County Clerk; NANCY J. PINKIN, in her official capacity as Middlesex County Clerk; JOSEPH J. GIRALO, in his official capacity as Atlantic County Clerk; JOHN S. HOGAN, in his official capacity as Bergen County Clerk; JOANNE SCHWARTZ, in her official capacity as Burlington County Clerk; JOSEPH RIPA, in his official capacity as Camden County Clerk; RITA ROTHBERG, in her official capacity as Cape May County Clerk; CELESTE M. RILEY, in her official capacity as Cumberland County Clerk; CHRISTOPHER J. DURKIN, in his official capacity as Essex County Clerk; JAMES N. HOGAN, in his official capacity as Gloucester County Clerk; E. JUNIOR MALDONADO, in his official capacity as Hudson County Clerk; ANN GROSSI, in her official capacity as Morris County Clerk; DANIELLE IRELAND-IMHOF, in her official capacity as Passaic County Clerk; JOANNE RAJOPPI, in her official capacity as Union County Clerk; DALE CROSS, in his official capacity as Salem County Clerk; JEFF PARROTT, in his official capacity as Sussex County Clerk; NEW JERSEY SECRETARY OF STATE; CAMDEN COUNTY DEMOCRATIC COMMITTEE Camden County Democratic Committee, Appellant.

United States Court of Appeals, Third Circuit.

Filed: April 17, 2024.


Attorney(s) appearing for the Case

Alyssa Lott , William M. Tambussi , [ARGUED] Brown & Connery, 360 N. Haddon Avenue, P.O. Box 539, Westmont, NJ 08108, Counsel for Camden County Democratic Committee.

Yael Bromberg , Bromberg Law, 43 W. 43rd Street — Suite 32, New York, NY 10036.

Flavio L. Komuves , Bret M. Pugach , [ARGUED] Weissman & Mintz, 220 Davidson Avenue — Suite 410, Somerset, NJ 08873, Counsel for Andy Kim, Andy Kim for New Jersey, Sarah Schoengood, Sarah For New Jersey, Carolyn Rush, and Carolyn Rush For Congress.

Matthew Tavares , Rainone Coughlin Minchello, 555 U.S. Highway One South, Suite 440, Iselin, NJ 08830, Counsel for Paula Sollami Covello.

Jennifer Borek , Daniel A. Lebersfeld , Genova Burns, 494 Broad Street, Newark, NJ 07102, Counsel for Christopher J. Durkin, and Joanne Rajoppi.

Neal K. Katyal, Sean M. Marotta, [ARGUED] Eric S. Roytman, Hogan Lovells US 555 Thirteenth Street NW, Columbia Square, Washington, DC 20004, Counsel for Amicus Curiae, Middlesex County Democratic Organization.

Matthew C. Moench [ARGUED] King Moench & Collins, 51 Gibralter Drive Suite 2F Morris Plains, NJ 07950.

Oliver D. Roberts, Jason B. Torchinsky , Holtzman Vogel Baran Torchinsky & Josefiak, 2300 N Street NW — Suite 643-A, Washington, DC 20037, Counsel for Amicus Curiae, Laura Ali, New Jersey Republican Chairs Association, Morris County Republican Committee, and Jose Arango.

Scott D. Salmon, Jardim Meisner & Susser, 30B Vreeland Road — Suite 100 Florham Park, NJ 07932 Counsel for Amicus Fulop for Governor.

Ronald K. Chen, Rutgers University Constitutional Litigation Clinic, 123 Washington Street, Newark, NJ 07102, Counsel for Amicus Election Law Clinic At Harvard Law School.

Nuzhat J. Chowdhury , Ryan P. Haygood , [ARGUED] Henal Patel , New Jersey Institute for Social Justice, 60 Park Place — Suite 511, Newark, NJ 07102.

Micauri Vargas, Apartment 4, 108 Pine Street, Montclair, NJ 07042, Counsel for Amici League of Women Voters of New Jersey, Salvation and Social Justice, New Jersey Alliance for Immigrant Justice, New Jersey Policy Perspective, AAPI New Jersey, Asian American Legal Defense and Education Fund, Asian American Advancing Justice AAJC.

Angelo A. Stio, III, Troutman Pepper, 301 Carnegie Center — Suite 400, Princeton, NJ 08543, Counsel for Amici Joe Cohn, Staci Berger, James Solomon, Valerie Vainerihuttle.

Jeanne LoCicero, Liza F. Weisberg, American Civil Liberties Union of New Jersey, P.O. Box 32159, Newark, NJ 07102, Counsel for Amicus American Civil Liberties Union of New Jersey.

Before: JORDAN, KRAUSE, and FREEMAN,


OPINION OF THE COURT

This is an appeal from a preliminary injunction directed at county clerks in New Jersey, the people responsible for choosing the form of election ballots in that state. Securing a local political party's endorsement is important in every primary election, but it is nowhere more important than...

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