Independent presidential candidate Robert F. Kennedy Jr. sued Nevada’s secretary of state on Monday, pressuring him to declare the signatures on his election petitions legitimate, even though the official had previously ruled the signatures invalid.
Kennedy presented the lawsuit in the U.S. District Court for the District of Nevada against Nevada Secretary of State Francisco Aguilar, who is responsible for overseeing elections in the state and determining which candidates are eligible to vote.
The case stems from guidance that the Secretary of State’s office initially provided to the Kennedy campaign in January that it was not necessary to have chosen a running mate before collecting the approximately 10,000 signatures needed for him to appear on the ballot. Aguilar’s office later said in March that an office staffer had given “inaccurate guidance,” and the office clarified with all independent campaigns that filed petitions that a running mate needed to be chosen before collecting signatures.
“This is a clear case for the federal court to apply the doctrine of equitable estoppel to prohibit the Secretary of State from changing his mind after providing binding legal instructions that the campaign properly relied on to our detriment,” said the campaign’s senior counsel. by Kennedy, Paul Rossi. in a release.
“The court must prohibit the Secretary’s incompetence or partisan political gamesmanship from invalidating signatures on petitions granted the highest First Amendment protection by the United States Supreme Court,” Rossi added.
Aguilar’s office wrote in a statement that it sent the correct guidance to all independent candidates who filed petitions “well in advance” of the filing deadline, which has not yet passed.
“Nevada has a rich history of independent and third-party candidates for public office,” Aguilar said. “Each of these candidates was able to gain access to the polls by following the law. We look forward to seeing Mr. Kennedy’s team in court.”
Candidates have until July 5 to submit enough signatures to qualify for the ballot.
Ultimately, Kennedy only named a running mate in late March, a few weeks after submitting his petition for ballot access in Nevada. He chose technology lawyer and entrepreneur Nicole Shanahan as his running mate.
The unlikely candidate alleges in the lawsuit that Nevada statutes regarding the need for independent candidates to nominate their running mate in advance are “ambiguous and conflicting.” He also argues that requiring independent presidential candidates to nominate their pick for vice president before major party candidates is required violates the 14th Equal Protection Clause.th Amendment to the Constitution.
The case is part of Kennedy’s efforts to get to the polls in as many states as possible for his independent candidacy. His campaign reported official qualification for voting in eight states and obtaining enough signatures for ballot access in nine other states, including Nevada.
Kennedy is also trying to qualify for the first presidential debate CNN will hold with President Biden and former President Trump later this month. Both the Biden and Trump campaigns attacked Kennedy and argued that he would serve as a spoiler in favor of his opponent.
Polls have been mixed on which Kennedy candidate is attracting more voters compared to a head-to-head matchup between two people.
Still, Kennedy would have a lot of ground to make up even if he managed to get to the polls across the country. The national polling average from The Hill/Decision Desk HQ shows him in a distant single-digit third, with Trump and Biden well ahead.
The Associated Press contributed reporting.
This story originally appeared on thehill.com read the full story
