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A New York judge on Monday, Robert F. The ruling invalidated Kennedy Jr.’s ballot-access petition in the state, marking the first major blow to the independent presidential candidate’s push for a statewide ballot.
New York Supreme Court Justice Christina Ryba accepted the arguments of Democratic voters and the pro-Kamala Harris campaign against third-party candidates, saying Kennedy violated state law by listing her New York address as her residence. Manu despite living in California.
Ryba wrote that Kennedy’s listed New York address was “not a bona fide and legitimate residence, but a fictitious address he assumed for the purpose of maintaining his voter registration and furthering his own political ambitions in this state.”
The ruling marks Kennedy’s first major legal setback in his bid to qualify for a referendum in all 50 states and Washington, DC. Kennedy’s campaign has beaten off challenges in several states, and Kennedy himself maintained hopes of gaining access to the ballot nationwide as of Friday.
In a statement following Monday’s decision, Kennedy said he plans to appeal the ruling in federal court.
“Democrats despise democracy,” Kennedy said in the statement. “They are not confident that they can win at the ballot box, so they are trying to prevent voters from choosing. We will appeal and win,” he said.
The campaign made a particularly strong push to qualify in New York, collecting thousands of signatures and holding several campaign events in the state during its six-week collection period this spring. Kennedy testified in person last week at a hearing in Albany, New York, to defend his ballot access.
The challenge questioned the legitimacy of the Katonah, New York address listed as Kennedy’s residence on his ballot petition, despite having lived in Los Angeles before running for president. During the investigation, the address was revealed to be a rented bedroom at a friend of Kennedy’s. Kennedy testified that he had no “physical connection” to the New York address and had only slept in Katona’s bedroom once since renting it, but the candidate said he plans to return to New York when his wife, actress Cheryl Hines, retires. From acting.
Asked during testimony if he would like to return to New York with his wife and several pets and live in a rented bedroom, Kennedy said, “It’s possible.”
Attorneys for Clear Choice presented evidence that Kennedy listed his Los Angeles address as his residence in recent years, including documents filed with the Federal Election Commission last year to run for president.
Kennedy testified that he repeatedly used the addresses of friends and relatives to maintain his voter registration in New York, including listing his sister’s upstate New York apartment as his own to vote in the state during the 2016 primary and general elections after selling the home in November. 2015.
When asked why he put more effort into maintaining voter registration in New York than registering in California, Kennedy said, “I don’t want to transfer my voter registration to California because I’m a New Yorker.”
Rypa strongly criticized Kennedy’s efforts to retain his status as a registered voter in New York, and said allowing Kennedy to cast ballots with a “reserved” address would undermine the spirit of New York’s petition laws.
“Using a friend’s address for political and voting purposes while setting foot on campus does not amount to residence under the Elections Act,” Ripa wrote in the ruling. “To hold otherwise would establish a dangerous precedent and open the door to fraud and political mischief designed to prevent electoral law residency rules.”
Kennedy’s lawyers argued that he did not intentionally mislead voters by listing a New York address and said he was instructed to do so by the campaign’s lead ballot access attorney, Paul Rossi, who corroborated the claim in his own testimony. Kennedy’s lawyers argued that the New York residency laws implemented residency requirements beyond the 12th Amendment, which prevented electors from voting for a president and vice president who lived in the same state as themselves.
Kennedy’s running mate is Silicon Valley attorney and entrepreneur Nicole Shanahan.
Raiba called 12 people to refute each of Kennedy’s team’s argumentsTh The revision argument is “a red herring.”
“The Constitution of the United States cannot protect candidates from making false statements in their applications for public office,” he wrote.
Clear Choice founder Pete Kavanaugh praised the verdict in a statement Monday, saying the decision proves Kennedy “lied and is being held accountable.”
“Today’s ruling makes clear that Mr. Kennedy lied about his residence and provided a false address on his New York filings and candidacy petitions, intentionally misleading election officials and betraying the trust of voters,” Cavanagh said.
As of Monday, Kennedy had defeated challenges to his ballot in six states. But Ryba’s ruling could give additional legitimacy to complaints filed by Clear Choice in other states questioning his New York residency. On Monday, Maine Secretary of State Shenna Bellows said she was considering an objection to Kennedy’s petition in that state, which included a challenge to Kennedy’s listed New York residency. Clear Choice has organized challenges in Pennsylvania and Illinois that also focus on her listed residence.
Kennedy has so far qualified for the ballot in 17 states, giving him 220 electoral votes. His campaign says it has completed signature gathering in every state and in Washington, DC.
This story has been updated with additional details.
