A prominent Democratic election lawyer has alleged in a lawsuit that independent presidential candidate Robert F. Kennedy Jr. is ineligible to vote in New Jersey, adding hurdles to Kennedy’s already difficult effort to gain access to the polls in all 50 states.
Scott Salmon discussed Tuesday that Kennedy’s candidacy violates New Jersey’s “sore loser law,” which prohibits candidates who sought a party nomination from running an independent candidacy.
Kennedy initially entered the presidential race as a Democratic candidate, but switched to an independent candidacy last October before the primary elections.
“New Jersey courts have repeatedly upheld the Sore Loser Act in recent years to prevent individuals from running as independents even when they did not appear on the primary ballot itself,” Salmon wrote in the filing.
Salmon argued that Kennedy’s initial campaign as a Democrat, including soliciting more than $350,000 in donations from New Jersey residents, is more than enough to qualify under the “sore loser” provision.
“Biden is getting the nomination, not Kennedy, so I would consider that a huge failure,” Salmon wrote on social media. “It’s very simple and that’s all there is. He ‘unsuccessfully sought’ the appointment.”
Salmon has overcome similar challenges before. He led the charge to expel Ye, formerly Kanye West, from New Jersey’s 2020 presidential ballot over challenges to the petition process. He was also involved in several lawsuits to bar local candidates for violations of the electoral process.
The Kennedy campaign claimed it submitted enough signatures to qualify for the ballot in New Jersey, although the petition will not be reviewed until the end of July.
Salmon said in a social media post that the effort is not supported by Democratic interests and that he himself is paying for the process because he thinks “It’s the right thing to do.”
The Hill has reached out to the Kennedy campaign for comment.
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