The suit claimed the new map is unconstitutional because South Jersey districts tend to have more residents than North Jersey districts
TRENTON — A tea party lawsuit against the new state legislative district map has been dismissed.
State Superior Court Judge Linda Feinberg threw out the Bayshore Tea Party’s 10-count complaint that the map, settled on in April, violates the state and federal constitutions.
The suit claimed the new map is unconstitutional because South Jersey districts tend to have more residents than North Jersey districts and nobody on the commission represented unaffiliated and third-party voters. It also argues that counties are split many more times than necessary, and Newark's and Jersey City's clout was diluted largely because they would each go from three legislative districts to two, among other things.
In an 80-page opinion, Feinberg wrote the group's method of calculating the population of legislative districts, which they used to show South Jersey districts were overpopulated compared to northern districts, was "flawed."
"Quite simply, the formula is mathematically incorrect," she said. The 1.3 percent population difference between the northern and southern districts, she said, is "nowhere near that needed to support a cognizable legal claim for voter dilution."
And on the question of splitting counties, Feinberg wrote "suffice it to say here that the New Jersey Supreme Court has made clear that splitting counties is no longer a basis to invalidate a map."
Judge Linda Feinberg in a 2005 file photo. The judge dismissed a lawsuit brought by a tea party group that challenges the constitutionality of the newly adopted legislative map in the state.The 11-member commission that redraws the state's legislative district map voted 6-5 in April to accept the Democrats' plan over Republicans. The commission -- the makeup of which was challenged in the suit -- is made up of five Democratic appointees, five Republican appointees, and one tiebreaker.
Feinberg heard the case two weeks ago and indicated then she was likely to dismiss it.
Russell Cote, who argued the case for the tea party, said he's not sure if he's going to appeal yet. But Richard McManus, a Democrat and former Associate Counsel to Brendan Byrne who joined the case a co-plaintiff earlier this month, said he will appeal even if the tea party doesn't.
McManus joined the case to argue that counties should not be split more than necessary. "It’s the only reason I’m in the case," he said. "We’re strange bedfellows with the tea party and we’re not in a position to rely on them to carry the argument forward.”
Related coverage:
• Judge says she'll likely dismiss tea party lawsuit against new N.J. legislative district ma
• N.J. judge likely to reject tea party protest of new legislative district map
• Redrawn N.J. legislative districts offer few gains for minorities, analysis shows