On December 3, attorneys for the New Jersey Secretary of State filed a 21-page brief in the Third Circuit in Balsam v Guadagno, 14-3882. This is the case in which some New Jersey voters argue that New Jersey violates the U.S. and New Jersey Constitutions when it holds partisan primaries and does not permit anyone but party members to vote in such primaries.
The state points that any voter may switch parties as late as 55 days before the primary, and an independent voter may join the party whose primary he or she wants to vote in on primary day itself. The state also says, “Unaffiliated voters in New Jersey possess the same opportunity to participate in the electoral process as party-members.” The state’s brief mentions that ballot access for candidates running outside the two major parties is easy.