ALBANY, NY – Robert F. Kennedy Jr.’s independent presidential campaign suffered a blow this week when a New York judge invalidated his petition to place his name on the state ballot, a decision that could potentially create problems for the candidate as faces challenges elsewhere.
Judge Christina Ryba said Monday that the location in the New York suburbs that Kennedy listed as a residence in the nominating petitions was a “sham” address he used to maintain his voter registration and promote his political aspirations. The judge ruled in favor of the challengers, who argued that Kennedy’s true residence was the Los Angeles home he shares with his wife, “Curb Your Enthusiasm” actress Cheryl Hines.
Kennedy planned a quick appeal and predicted he would win.
New York is among more than half a dozen states where challenges to Kennedy’s petitions have been made by Democrats and their allies. Some of the challenges allege that he falsely listed the same New York address that was the subject of litigation in that state, or that there were problems with petition signatures.
In Pennsylvania, challengers claim that documents submitted by Kennedy list an incorrect New York address and that he and his running mate demonstrated “at best, a fundamental disregard” for state law and the process by which signatures are collected. A lawyer for Kennedy said the challenge contained misleading allegations. ONE court will conduct an evidentiary hearing next Tuesday in Harrisburg.
The Kennedy campaign says it has collected enough signatures for ballot access in all 50 states and is officially on the ballot in 17 states.
His candidacy has at various times raised concerns from both Democrats and Republicans, who think he could divert votes from their candidates.
National Democrats, in particular, have been active in trying to undermine his candidacy, while former President Donald Trump, the Republican candidate, has alternated between criticizing Kennedy as a liberal and courting his endorsement or the support of some of his supporters.
Here’s a look at what’s happening in New York, what it could mean and other ballot access challenges facing Kennedy.
Monday’s ruling followed a short trial in state court over whether Kennedy falsely listed a New York residence on his state nomination petitions.
The candidate listed a residence in the affluent suburb of Katonah, where he said he rents a room in a friend’s house. Kennedy testified that he moved to California a decade ago so he could be with his wife and that he always planned to return to New York, where he is registered to vote.
The lawsuit bought by several voters and supported by the Democrat-aligned Clear Choice Action alleged that Kennedy’s actual residence is in Los Angeles.
Days after the non-jury trial ended, Ryba ruled that using “a friend’s address for political and voting purposes, barely setting foot on the premises, does not amount to residency under the Electoral Act.”
An appeal was expected soon.
Kennedy’s legal team also promised to seek injunctive relief in New York City federal court. They argue that the 12th Amendment to the U.S. Constitution governs the residency of presidential and vice-presidential candidates, not state law.
Experts say officials in other states may pay attention to the New York courts’ final ruling on Kennedy’s residency.
The U.S. Constitution gives broad authority to individual states to oversee elections, said Keith Gaddie, a political science professor at Texas Christian University. He said many states have laws that outline strict signature-gathering details or other requirements for candidates to get on the ballot as independents.
“The question is whether in other states where there are similar criteria (like New York), this could be used to disqualify RFK Jr. from voting,” Gaddie said. “It may not happen everywhere, but it will happen somewhere else.”
Speaking to reporters after the trial in Albany last week, Kennedy acknowledged that a defeat in New York could lead to lawsuits in other states.
Clear Choice Action said Kennedy listed the same New York address on nomination petitions in 17 other states.
“It is up to each state to determine whether Mr. Kennedy violated its laws and statutes by providing a false residence and misleading voters,” Clear Choice Action founder Pete Kavanaugh said in a prepared statement.
Richard Winger, editor of Ballot Access News and an activist who supports ballot access for minor parties, said that while some state-level challenges to Kennedy’s candidacy have already focused on the issue of his speech, he doubts new challenges will arise because of of the New York Decision.
“I don’t think they can suddenly, willy-nilly, change the basis of their objection,” he said. “I think it’s usually too late.”
He also doubted that other laws in other states “place as much importance” on a candidate’s address.
Winger said there were challenges to Kennedy’s candidacy in states including Hawaii, Nebraska, New Jersey and Washington based on a variety of allegations, such as problems with his address and the signatures needed to qualify him for the ballot.
The Democratic National Committee supports challenges to Kennedy’s petitions in Nevada, Delaware and Georgia, according to a spokesperson. The committee is supporting a separate process in New York.
Hearings will begin Monday in Georgia on challenges to election petitions filed by Kennedy and other independent and third-party candidates. Among other things, Democrats claim that Kennedy’s petitions are invalid because they were filled out incorrectly or incompletely. The Kennedy campaign disputes these claims.
Outside of New York, Clear Choice Action is supporting challenges to Kennedy’s petitions in Illinois, Pennsylvania and Texas. In Texas, a lawyer for the group told state authorities that Kennedy’s listed address in New York does not comply with state election laws and that his candidacy should be invalidated.
Kennedy, after the New York decision, accused Democrats of “showing contempt for democracy” by trying to take away choices from voters.
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Murphy contributed from Oklahoma City. Associated Press writers Mark Scolforo, Jeff Amy and Nomaan Merchant also contributed.
