by Jaryn Crouson
A New York judge ruled Monday that independent presidential candidate Robert F. Kennedy Jr. cannot appear on the state’s ballot in November after it was revealed he listed a false address on his nominating petition.
Judge Christina L. Ryba wrote in the court’s decision that Kennedy had listed a New York address on his petition despite residing at a California address with his family, according to court documents. Kennedy promised to appeal the decision in a press release issued after the decision, claiming that the New York address is his primary residence and the legal battle is a political attack.
“[T]he nominating petition . . . is invalidated, and it is further ordered and adjudged that Respondent New York State Board of Elections is hereby directed not to place and/or print the name of the Respondents-Candidates aforesaid as candidates of the We The People Independent Body on the official ballots to be used at the General Election to be held on the 5th day of November, 2024,” the judge ordered.
Kennedy’s campaign claims the state’s rule violates the 12th Amendment of the Constitution by issuing additional requirements to run for the presidency.
.@RobertKennedyJr: "We will appeal and we will win."
"The Democrats are showing contempt for democracy. They aren’t confident they can win at the ballot box, so they are trying to stop voters from having a choice."https://t.co/afsXCsQZ26
— Stefanie Spear (@StefanieSpear) August 13, 2024
“The 12th Amendment of the U.S. Constitution governs the residency of presidential and vice presidential candidates, not state law,” Paul Rossi, campaign senior counsel, said in a statement. “We intend to pursue injunctive relief in the Southern District of New York. If state court judges are going to ignore the Constitution, the federal courts must step in to protect voters’ rights.”
Kennedy’s campaign received double the required signatures to become eligible for the state’s ballot, which the New York State Board of Elections confirmed, according to the campaign. The case was initiated by the Democrat-aligned political action committee Clear Choice Action, according to Axios.
“This case is an assault on New York voters who signed in record numbers to place me on their ballot,” Kennedy said in a statement. “The DNC has become a party that uses lawfare in place of the democratic election process.”
Clear Choice Action and the Kennedy Campaign did not immediately respond to a request for comment.
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Jaryn Crouson is a reporter at Daily Caller News Foundation.
Photo “RFK Jr.” by Gage Skidmore. CC BY-SA 2.0.