Judge rules against RFK Jr. in fight to be on the New York ballot, says he is not a state resident

ALBANY, NY – A judge ruled Monday that independent presidential candidate Robert F. Kennedy Jr.’s name should not appear on New York ballots, ruling that he falsely claimed New York residency when nominating petitions despite living in California.

Kennedy’s lawyers vowed Monday to appeal before the Aug. 15 deadline. If the judge’s ruling is upheld, it would not only keep Kennedy off the ballot in New York, but could also lead to challenges in other states where he used an address in the New York suburbs to collect signatures.

Judge Christina Ryba, in her 34-page ruling, said the room Kennedy claimed as his home in the state was not a “genuine and legitimate residence, but merely a ‘sham’ address he assumed for the purpose of maintaining his constituency. ”. registration” and promote his political candidacy.

“Given the size and appearance of the guest room shown in the photographs admitted into evidence, the Court considers Kennedy’s testimony that he may return to that room to reside with his wife, family members, several pets, and all of his personal belongings. to be highly improbable, if not absurd,” the judge wrote.

Ryba said evidence presented at trial showed that Kennedy had a “long-standing pattern” of borrowing addresses from friends and relatives so he could maintain his voter registration in New York state while residing in California.

“Using a friend’s address for political and electoral purposes, barely setting foot on the premises, does not amount to residence under the Electoral Law,” the judge wrote. “To assert otherwise would set a dangerous precedent and open the door to the fraud and political harm that the Electoral Act’s residency rules were designed to prevent.

Clear Choice Action, which supported the legal challenge, said Monday’s ruling makes clear that Kennedy “lied about his residency and provided a false address on his New York filing documents and candidate petitions, intentionally misleading authorities elections and betraying voters’ trust. ”

The lawsuit backed by the Democratic-aligned political action committee claims that Kennedy’s state nomination petition falsely listed a residence in affluent Katonah, while he had actually lived in the Los Angeles area since 2014, when he married the “Curb” actress. Your Enthusiasm”, Cheryl Hines.

Kennedy argued during the trial that he has lifelong ties to New York and intends to return.

During the trial, which lasted less than four days, Kennedy said he began living in New York when he was 10 years old and currently rents a room at a friend’s house in Katonah, about 40 miles north of midtown Manhattan. . However, Kennedy testified that he only slept in that room once due to constant campaign travel.

The 70-year-old candidate testified that he moved to California a decade ago to be with his wife and that he always planned to return to New York, where he is registered to vote.

Barbara Moss, who rents the room to Kennedy, testified that he pays her $500 a month. But she acknowledged that there is no written contract and that Kennedy’s first payment was not made until the New York Post. published a story casting doubt on Kennedy’s claim that he lived at that address.

The judge also heard from a longtime friend of Kennedy’s who said the candidate often spent the night at his Westchester home from 2014 to 2017 but was not a tenant there as Kennedy had claimed.

Lawyers representing several New York voters grilled Kennedy in often heated exchanges as they tried to make their case, pointing to government documents, including a federal declaration of candidacy with a California address, and even a social media video in which Kennedy speaks. about training crows at his home in Los Angeles.

Kennedy has the potential to do better than any independent presidential candidate in decades, thanks to his famous name and one loyal base. Democratic and Republican strategists have expressed concerns that it could hurt their candidates’ chances.

Kennedy’s campaign has said he has enough signatures to qualify in most states, but his election campaign has faced challenges and lawsuits in several, including North Carolina and New Jersey.

Clear Choice filed the lawsuit in New York on behalf of several voters in the state.

Kennedy told reporters last week that being kicked off the ballot in New York could lead to lawsuits in other states where his campaign listed the same address.

After the trial ended Thursday, Kennedy argued that the people who signed his petitions deserve the chance to vote for him.

“These Americans want to see me at the polls. They want to have a choice,” he said.

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Marcelo reported from East Meadow, N.Y. Associated Press writer Michael Sisak contributed to this report.