Many political battles may be decided in the courtroom this year. New York state’s decision to keep independent presidential candidate Robert F. Kennedy (RFK) off the state presidential ballot may be one of the most significant. RFK Jr. is the dark horse candidate not expected to win but feared by both parties for stealing some of the party’s voter base.
Judge’s Ruling in New York
New York judge Christina Ryba ruled Monday that RFK’s name will not be listed on the New York ballot. The judge stated that RFK falsely claimed on qualifying petitions to be a New York resident while living in California.
RFK’s Response and Appeal
RFK plans to appeal the ruling, claiming the judge was politically motivated.
Potential Implications for Other States
If the judge’s ruling stands, other states may exclude RFK from the state ballot due to his false claims of living in New York while trying to gather enough signatures.
RFK Campaign’s Statement
RFK’s campaign wrote, “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. We will appeal, and we will win.”
North Carolina Court Ruling
In a separate court challenge in North Carolina, the judge decided Monday—the same day as the New York decision—that RFK will remain a viable presidential candidate.
Judge’s Reasoning on RFK’s Residency
In her decision, Judge Ryba found that RFK’s rented bedroom in New York was not a “bona fide and legitimate residence,” but merely a “sham” address that he assumed for the purpose of maintaining his voter registration.”
Basis for the Ruling
Judge Ryba based this conclusion on the “size and appearance of the spare bedroom” of photos entered into evidence.
Judge’s Conclusion
She wrote, “The court finds Kennedy’s testimony that he may return to that bedroom to reside with his wife, family members, multiple pets, and all of his personal belongings to be highly improbable, if not preposterous.”
Political Funding of the Challenge
The court challenge was funded by Clear Choice Action, a political action committee aligned with the Democratic party.
Clear Choice Action’s Response
Clear Choice Action responded to the court ruling, saying, “The Kennedy team will undoubtedly file desperate lawsuit after desperate lawsuit in the coming days and week; they will fail, and it will not change the simple truth: he lied, and he’s being held accountable.”
Significance of the Decision
This decision is consequential, as RFK will likely perform better electorally than any other third-party or independent Presidential candidate in decades.
RFK’s Connection to New York
His famous last name has been associated for generations with the Democratic party elite, and his father was a Senator in New York State. RFK claims he plans to return to live permanently, but he is currently living in California due to his wife’s acting work.
Concerns from Major Parties
Both Republicans and Democrats have expressed concerns that each voter who supports politically independent RFK for president could defect from their own party and ultimately tip the election.