ALBANY, N.Y. (AP) — Robert F. Kennedy Jr.’s independent presidential campaign suffered a setback this week when a New York state judge invalidated his bid to put his name on the state’s ballot, a ruling that could potentially cause problems for the candidate as he faces challenges elsewhere.
Kennedy’s lawyers on Wednesday appealed a ruling this week by Judge Christina Ryba, who said the residence listed on his nomination petitions was a “sham address” he used to maintain his voter registration and pursue his political ambitions. The judge ruled in favor of the plaintiffs, who argued that Kennedy’s actual residence was the Los Angeles home he shares with his wife, “Drop It, Larry!” actress Cheryl Hines.
New York is just one of more than half a dozen states where Democrats and their allies have challenged Kennedy’s petitions. Some of the challenges claim he mistakenly listed the same New York address that was the subject of litigation in that state or there were problems with the signatures on the petition.
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In Pennsylvania, opponents claim Kennedy’s filings gave a false New York address and that he and his running mate showed “at best a fundamental disregard” for state law and the signature-gathering process. A lawyer for Kennedy said the challenge contains specious allegations. An evidentiary hearing will be held in Harrisburg next Tuesday.
Kennedy’s campaign says it has collected enough signatures to get on the ballot in all 50 states and that the candidacy is officially on the ballot in 17 states.
His candidacy has repeatedly raised concerns among Democrats and Republicans, who believe he could steal votes from their candidates.
National Democrats in particular are actively trying to undermine his candidacy, while former President Donald Trump, the Republican nominee, alternately criticizes Kennedy as a liberal and solicits his support or the backing of some of his supporters.
Here’s a look at what’s happening in New York, what it could mean, and what other ballot access challenges Kennedy faces.
What happened in New York? What happens next?
Monday’s ruling followed a brief state court hearing on whether Kennedy had falsely declared a New York residence in 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 said he moved to California 10 years ago to be with his wife and always planned to return to New York, where he is registered to vote.
The lawsuit, bought by several voters and supported by the Democratic-aligned Clear Choice Action group, claimed that Kennedy’s actual residence was in Los Angeles.
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A few days after the end of the non-jury trial, Ryba ruled that using a friend’s address for political and electoral purposes without anyone having set foot on the premises did not constitute residency under election law.
When the environmental lawyer and scion of a famous political family announced his appointment on Wednesday, he said the current Democratic Party was unrecognizable to him.
“The party of my father and uncle’s time was committed to expanding voters’ rights and understood that competition at the ballot box is an essential part of American democracy,” he said in a statement.
Kennedy’s legal team also vowed to seek a temporary restraining order in federal court in New York City, arguing that the residency of presidential and vice presidential candidates is governed by the 12th Amendment to the U.S. Constitution, not state law.
If the New York decision is upheld, will it affect lawsuits in other states?
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 states broad powers to oversee elections, says Keith Gaddie, a political scientist at Texas Christian University. He says many states have laws that impose strict signature-gathering rules or other requirements on candidates who appear on the ballot as independents.
“The question is whether it could be used in other states that have similar criteria (like New York) to disqualify RFK Jr. from the ballot,” Gaddie said. “That may not happen everywhere, but it will happen somewhere else.”
Speaking to reporters after a court hearing in Albany last week, Kennedy acknowledged that a loss in New York could lead to lawsuits in other states.
According to Clear Choice Action, Kennedy listed the same New York address on nomination petitions in 17 other states.
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“It is up to each state to determine whether Mr. Kennedy violated its laws and regulations by reporting a false residency and deceiving voters,” Pete Kavanaugh, founder of Clear Choice Action, said in a prepared statement.
Richard Winger, editor of Ballot Access News and an activist who advocates for minor party access to the ballot, said some of the state-level challenges to Kennedy’s candidacy have already focused on the issue of his speech, but he doubts new challenges will emerge as a result of the New York ruling.
“I don’t think they can just change the basis of their objection,” he said. “I think generally by then it’s too late.”
He also doubted that other states have laws that make such a big deal out of a candidate’s speech.
Where else was Kennedy challenged?
Winger said there have been challenges to Kennedy’s candidacy in states such as Hawaii, Nebraska, New Jersey and Washington based on a range of allegations, including problems with his address and the signatures required to qualify him to vote.
The Democratic National Committee is supporting challenges to Kennedy’s petitions in Nevada, Delaware and Georgia, according to a spokesman. The committee is supporting a separate lawsuit in New York.
Hearings begin in Georgia on Monday on challenges to election applications filed by Kennedy and other third-party and independent candidates. Among other things, Democrats claim that Kennedy’s applications are invalid because they were filled out incorrectly or incompletely. The Kennedy campaign denies these claims.
Outside 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 officials that Kennedy’s listed New York address was inconsistent with state election laws and that his candidacy should be voided.
Murphy contributed from Oklahoma City. Associated Press writers Mark Scolforo, Jeff Amy and Nomaan Merchant also contributed.
