TRENTON, New Jersey – Robert F. Kennedy Jr. did not violate New Jersey’s “sore loser” law, a judge ruled Tuesday, potentially clearing the way for Kennedy to appear on the presidential ballot as an independent.
Administrative Law Judge Ernest Bongiovanni rejected the petition from Scott Salmon, a state election lawyer, who challenged Kennedy’s independent bid for the White House.
“Defendant did not attempt to seek the democratic nomination in the New Jersey primary and therefore cannot be considered a loser under the law,” the judge wrote.
New Jersey, like several other states, has a sore loser law that prohibits candidates who ran in the primary from running as independents in the general election. Bongiovanni’s decision continues similar opinion from another judge.
The matter now goes to the secretary of state, New Jersey’s top election official, who can accept or reject the judge’s order under state law. A message seeking comment was left with Lt. Gov. Tahesha Way, who simultaneously serves as secretary of state, on Wednesday.
Salmon filed a lawsuit in 2020 saying that then-potential presidential candidate Kanye West had gathered an inadequate number of signatures. At the time, Salmon said he was a registered Democrat. West eventually withdrew his petition be on the vote.
Kennedy famous name it is a loyal base boosted his candidacy for the White House. Strategists from both major parties have expressed concerns that he could negatively affect their candidate’s chances.
A similar challenge in New York, questioning your claim that you live in New York, is unfolding in court there. He testified this week that his address is in the New York suburb of Katonah.
Salmon sought to keep Kennedy off the ballot as an independent under a state law that prohibits candidates running for a major party nomination in the primary from seeking the same office in the general election as an independent. Salmon sought to use the statute, known as the sore loser law, because Kennedy had filed with the Federal Election Commission in April 2023 to run as a Democrat; he amended the request in October to begin an independent candidacy.
Kennedy argued that Salmon did not have standing to sue because he himself is not a presidential candidate, among other arguments. A message seeking comment was left with the Kennedy campaign.