Independent candidate Robert F. Kennedy Jr.’s chances of running for president grew stronger after a judge ruled Monday that his name should not appear on the New York state ballot because he falsely represented himself as a resident of California on his nominating petition.
In a 34-page ruling, New York State Judge Christina L. Ryba concluded that the rented bedroom that Kennedy, 70, claimed as his New York state residence “was not a true and lawful residence but merely a ‘false’ address used for the purposes of maintaining his voter registration and furthering his political candidacy.”
In his ruling, Judge Ryba wrote that Kennedy’s listing of 84 Croton Lake Road in Westchester County as his residence was “a false statement which should invalidate the petition.”
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The chances of Robert F. Kennedy Jr. running for president became even more unlikely after a judge ruled that his name should not appear on New York’s ballot because he is not a New York resident. (Lev Ladin/Pacific Press/LightRocket via Getty Images)
“Using a friend’s address for political activities and voting purposes, while rarely setting foot on the premises, is not equivalent to a right of residence under the Election Act,” the judge wrote. “To hold otherwise would set a dangerous precedent and open the door to the very fraud and political misdeeds that the Election Act’s right of residence provisions were intended to prevent.”
If the judge’s decision is upheld, Kennedy will remain off the New York state ballot but could face challenges in other states where he collected signatures using an address outside New York City. On Friday, Kennedy told Fox News’ Neil Cavuto that he had collected enough signatures to appear on the ballot in all 50 states.
The scion of a prominent Democratic political family dismissed the ruling as partisan and vowed to appeal. The lawsuit was backed by Clear Choice Action, a Democratic political action committee, on behalf of several voters in the state.
“Democrats have contempt for democracy,” Kennedy said in a statement, noting that the judge ruling is a Democrat. “They don’t have confidence they can win the vote, so they’re trying to stop voters from making their choice. We will appeal, and we will win.”
“This lawsuit is an attack on the New York voters who signed record numbers of petitions to put me on the ballot,” Kennedy wrote to X. “The DNC has become a political party that substitutes legal warfare for the democratic election process.”
Barbara Moss, who rented a room to Kennedy, testified that Kennedy paid her $500 a month, but there was no written rental agreement and Kennedy’s first payment was never made, according to the New York Post. Published an article It casts doubt on the assertion that Mr Kennedy lived at that address.
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Democratic presidential candidate Robert F. Kennedy Jr. speaks at the Libertarian FreedomFest conference on July 15, 2023 in Memphis, Tennessee. (Joseph A. Wolfson/Fox News Digital)
The judge wrote that it was “highly unlikely, if not outrageous,” that Kennedy would return to the bedroom with his wife, family, multiple pets and all of his personal belongings.
Leiba said evidence presented at trial showed that Kennedy actually lived in California, where he lived with his wife, actress Cheryl Hines, but had a “longstanding practice” of borrowing addresses from friends and relatives to stay registered to vote in New York state.
a A survey conducted by Ipsos A poll this week found Kennedy’s support at about 5% in seven battleground states: Michigan, Pennsylvania, Wisconsin, Georgia, North Carolina, Arizona and Nevada.
Clear Choice Action said the conviction shows Kennedy knowingly misled election officials and violated voters’ trust.
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The last substantial independent run for president was made by Texas populist businessman Ross Perot in 1992. (Robert Daemmrich Photography Inc/Sygma via Getty Images)
“The Kennedy campaign will file desperate lawsuit after desperate lawsuit in the coming days and weeks. The lawsuits will fail, but the simple truth remains: he lied and he is being held accountable,” the group said.
The last truly independent run for president was made by Texas populist businessman Ross Perot in 1992. His strong performance led critics to argue that his ideological alignment with incumbent President George H. W. Bush contributed to the upset victory of Arkansas Democratic Governor Bill Clinton.
George Wallace, the segregationist former Democratic governor of Alabama who ran as an Independent in 1968, and former President Theodore Roosevelt, who switched from Republicanism to Progressiveism in 1912, were the last three substantial third-party candidates in modern times.
Fox News reporter Charles Kreitz and The Associated Press contributed to this report.
