New Jersey Candidates Challenge Restrictions on Campaign Slogans

Two progressive Democratic candidates for Congress in New Jersey today asked a federal court to declare restrictions on campaign slogans unconstitutional as part of a multi-pronged attack on the state’s ballot rigging system, which helps power brokers maintain control instead of allowing voters a fair choice.

The Institute for Free Speech is representing the candidates, Eugene Mazo and Lisa McCormick, in the First Amendment challenge.

“New Jersey’s regulation of campaign slogans is one of the country’s most blatant violations of candidates’ right to free speech. The state effectively allows groups to register slogans just to prevent candidates from using them. Campaigns must be allowed to speak to voters in their own words and with their own slogans,” said Institute for Free Speech Attorney Ryan Morrison.

New Jersey law allows candidates in primary elections for Congress to include a slogan of up to 6 words next to their name on the ballot. The law, however, prohibits slogans from naming or referring to other candidates or any incorporated entity in New Jersey, unless the candidate receives their permission.

This has fueled a competition in the state to incorporate entities in order to own the rights to their names for ballot slogans and exclude others from using them.

"Mounting a legal challenge to this unjust law is an attack on the heart of illegitimate power of New Jersey political bosses, and a good chance to show why we deserve the nomination of the party of the people," said McCormick. "Win or lose in the election, this is a legal fight worth waging and winning for the public interest."

Mazo is a law professor who is seeking the Democratic nomination to the U.S. House of Representatives in New Jersey’s 10th Congressional District. Mazo submitted three slogans but all were rejected by the state because each named an incorporated entity in New Jersey.

To avoid having no slogan appear on the ballot, Mazo did what other candidates do: he registered corporations of his own in the state, named after slogans he wished to use.

“I have studied American democracy as a scholar, a voter, and now as a political candidate. And what I can tell you is that New Jersey's ballot restrictions are unconstitutional,” said Mazo. “Simply put, they violate the First Amendment. My goal in filing this lawsuit is to create an equal playing field for candidates of diverse political views who believe, as I do, that free speech is sacred. Under our Constitution, New Jersey has no right to regulate what a political candidate can say to his voters.”

Lisa McCormick is a small business owner seeking the Democratic nomination for the House in New Jersey’s 12th Congressional District, who previously earned 38% of the vote as a primary challenger to US Senator Bob Menendez.

"Bracketing in primary elections is nothing less than ballot rigging or cheating," said McCormick.

"My website has had a section called, 'Stop Rigging Ballots' and I have stated that I want to: 'Prohibit candidates from bracketing or otherwise giving anyone an unfair advantage with respect to ballot position," said McCormick. "Every American is entitled to equal protection of the law, so candidates picked by party bosses should not get preferential treatment in primaries."

State officials denied her choice of slogan – “Not Me. Us.” – because McCormick did not have permission from the incorporated entity organized in New Jersey under that name.

A second slogan naming Bernie Sanders was also denied because she did not have permission to use his name. Ultimately, McCormick secured permission to use the slogan “Democrats United for Progress,” which is associated with Linden Mayor Derek Armstead.

Candidates have the right to use the rhetoric and language they choose in their slogans. Yet New Jersey’s law allows anyone to claim ownership of a slogan simply by incorporating an entity under that name.

This system is unwise and unconstitutional.

The case is Mazo and McCormick v. Way, et al. It is before the United States District Court for the District of New Jersey, Newark Division. To read the complaint, click here.