ON THE RECORD: Lawsuit claims NJ should not force political candidates to swear religious oath
·6 min
The episode begins with advertisements for products like the Pod mattress cover and Noom's GLP-1 program. The main segment features an interview with James Tosone, who is suing New Jersey Secretary of State Tahitia Way. Tosone explains that he wants to run for Congress but is blocked by a ballot affidavit requiring candidates to swear 'so help me God'. He cites Article VI of the U.S. Constitution, which prohibits religious tests for public office. Tosone describes himself as a non-theist, a term he prefers for fostering civil dialogue. He has run for office three times previously in New Jersey but only recently focused on the religious phrase in the affidavit. Tosone realized the oath conflicts with his promise to uphold the Constitution. He targets Tahitia Way's office because it oversees elections, though he defers legal specifics to his lawyers. Tosone's team reached out to state officials multiple times but received no accommodation. The goal of the lawsuit is to obtain a candidate affidavit that doesn't conflict with his beliefs. When asked why he doesn't just sign the form, Tosone emphasizes that state officials should uphold the Constitution and rule of law. He frames the issue as a clear violation of the no religious test clause, not a broader separation of church and state debate. The interview concludes with Tosone thanking the host, Steve. The episode ends with promotions for other podcasts and services.