A legal battle is brewing in New Jersey over what one man claims are unconstitutional election rules that threaten his candidacy. On November 29, 2025, Donald Cresitello filed a complaint in the United States District Court for the District of New Jersey against Governor Philip D. Murphy, Secretary of State Tahesha Way, and the New Jersey Division of Elections. The lawsuit challenges the state’s sudden imposition of a December 1 petition-filing deadline and an increased signature requirement for candidates wishing to run in a special primary election.
Donald Cresitello, a resident of Morris County and a prospective Democratic candidate for Congress in New Jersey’s 11th District, argues that these new requirements violate his First and Fourteenth Amendment rights. According to Cresitello, the state’s abrupt announcement on November 21, 2025—following Representative Mikie Sherrill’s resignation—gave candidates only ten days to gather signatures amidst Thanksgiving week chaos. “The combined effect of these rules imposes an unconstitutional burden on ballot access,” Cresitello contends in his filing.
Cresitello’s complaint highlights several key issues: the lack of preexisting petition forms before November 21 and no advance notice that a special election was imminent. He asserts that collecting 500 signatures during such a compressed timeframe—especially during a holiday period—is excessively burdensome. The plaintiff references Anderson v. Celebrezze as precedent, which requires courts to weigh burdens on candidates against state interests.
The plaintiff further alleges that the increase from 200 to 500 required signatures disproportionately benefits party-backed candidates who can mobilize resources quickly—a significant disadvantage for independent or non-establishment contenders like himself. Cresitello also points out that this change occurred before the New Jersey Supreme Court’s ruling in Kim v. Hanlon, which eliminated certain advantages previously held by party-organizational candidates.
In seeking relief from the court, Cresitello requests declarations that both the filing deadline and signature requirement are unconstitutional as applied to this special election. He seeks temporary restraining orders and preliminary injunctions to extend deadlines or reduce signature requirements to ensure fair access to the ballot.
Representing himself pro se, Donald Cresitello has taken bold legal action with significant implications for electoral fairness in New Jersey. The case is being heard under Civil Action No.: 2:25-cv-18042-EP-CF by judges from the United States District Court for the District of New Jersey.
Source: 225cv18042_Cresitello_v_Murphy_Complaint_District_New_Jersey.pdf
