Union County will hold a conditional special ballot drawing on Tuesday, Sept. 1, at 3 p.m. for the NJ-7 congressional race, depending on whether a federal judge allows a Libertarian candidate onto the November ballot.

Union County Deputy Clerk Clara Fernández announced Friday, Aug. 28, that the drawing hinges on a ruling by U.S. District Judge Zahid Quraishi. He is expected to decide Monday, Aug. 31, whether Lana Leguia is eligible to appear as a candidate for the U.S. House in New Jersey's 7th Congressional District. If Quraishi rules against Leguia, the drawing will be canceled.

The drawing, if held, would take place at the Union County Courthouse Cherry Street Annex Building, Second Floor, Courtroom 202C. The public can attend in person or watch a livestream that will be posted on unioncountyvotes.com before the event.

What's at stake

Leguia, a Libertarian, is seeking a spot on the ballot alongside Republican Rep. Tom Kean Jr. of Westfield, Democratic challenger Rebecca Bennett and independent candidate Seamus Patrick O'Toole. The New Jersey Globe reported that the NJ-7 race is expected to help determine which party controls the U.S. House.

Her candidacy could matter at the margins. Leguia received 3,784 votes in the 2024 NJ-7 race, when Kean defeated Democratic nominee Sue Altman by 23,306 votes.

The legal fight centers on Leguia's petition signatures. She submitted 759 signatures before the June 2 filing deadline, and election officials accepted 755. Independent and third-party congressional candidates need 250 valid signatures to qualify.

Three New York residents collected 670 of those signatures, according to the Globe. New Jersey law requires petition circulators to be eligible state voters. Without the signatures those three gathered, Leguia would have just 85 valid signatures, 165 short of the threshold.

State election officials stopped enforcing the residency requirement about five years ago after a federal court decision involving a different petition law, the Globe reported. The Legislature never repealed the provision. At the Aug. 25 federal court hearing, Quraishi acknowledged the tension. "We live in a world of practicality," he said, according to the Globe.

Leguia's case has wound through multiple courts. Lt. Gov. Dale Caldwell, who serves as secretary of state, overruled an administrative law judge and restored Leguia to the ballot. The Appellate Division later ordered her removed but did not decide the constitutional question. The New Jersey Supreme Court declined to hear her appeal, and she then sued Caldwell in federal court.

Local impact

NJ-7 covers Summit, New Providence, Berkeley Heights and nine other Union County municipalities. The Union County portion of the district produces roughly 30% of all general election votes, according to the New Jersey Globe.

The timeline is tight. County clerks are scheduled to begin mailing vote-by-mail ballots Sept. 19. Voters who want to vote by mail must submit applications by Oct. 27.

Residents can find more information at unioncountyvotes.com or by calling 908-527-4996.