New Jersey’s attorney general says that the way the state designs its ballots is unconstitutional.

Attorney General Matt Platkin tells a federal judge that he won’t defend it in court as part of a lawsuit filed by Rep. Andy Kim, who is running for the United States Senate.

Kim, and many others, say that the way the names are arraigned on a ballot allows party leaders to determine elections. They say that party leaders put preferred candidates on one line.

Kim is running against New Jersey first lady Tammy Murphy on the Democratic side for the U.S. Senate.