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Supreme Court Denies Robert F. Kennedy Jr.'s

Bid for New York Ballot Placement

By Agalya APublished about a year ago 4 min read
Robert F. Kennedy Jr. has suspended his campaign and endorsed former President Donald J. Trump.

In a recent development, the U.S. Supreme Court declined to reinstate Robert F. Kennedy Jr. on New York’s 2024 presidential ballot, a setback for the political candidate who had been disqualified after a state judge found discrepancies in his campaign paperwork. The court’s decision, issued without a detailed explanation or dissent, upheld the ruling of a lower court that Kennedy had provided an improper address on his nominating petition.

Kennedy had petitioned the Supreme Court to intervene following the state judge’s ruling, which deemed that he had used a false residential address in the official paperwork required to secure his spot on the New York ballot. His appeal hinged on the argument that New Yorkers should have the right to cast their votes for him, even though he had suspended his campaign and endorsed former President Donald J. Trump. His legal team argued that a suspension did not equate to a termination of his campaign, and thus he should still be allowed to run in the state.

Address Dispute and Legal Grounds

At the heart of the controversy was Kennedy’s listing of an address in Katonah, New York, a town in Westchester County, on his nominating petition. However, Kennedy primarily resides in Los Angeles with his wife, actress Cheryl Hines. His legal team admitted that he only occasionally stayed in a spare bedroom rented from a childhood friend at the Katonah address, and had only stayed overnight once.

Despite this, Kennedy asserted his long-standing connection to New York, declaring in a sworn affidavit that he considered himself a New Yorker and intended to return to the state when his wife retired. This claim, however, did not sway the New York court. A group of local residents, backed by a Democratic-aligned political action committee called Clear Choice, challenged Kennedy’s residency claim, arguing that it failed to meet New York’s legal requirements for candidacy.

Under New York law, candidates are required to list their "fixed, permanent, and principal home," defined as the residence they always intend to return to. Justice Christina L. Ryba, who presided over the case in the New York state court, found that Kennedy’s claim of residence in the spare bedroom to be far from credible. "Given the size and appearance of the spare bedroom as shown in the photographs admitted into evidence," Justice Ryba 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."

Following the ruling, Kennedy's team appealed to higher state courts, but those courts allowed the lower court’s decision to stand. In a final attempt, his legal team sought the intervention of the U.S. Supreme Court, but the justices declined to take up the case, effectively barring Kennedy from appearing on the ballot.

Political Implications and Democratic Concerns

The disqualification of Robert F. Kennedy Jr. is seen as part of a broader effort by Democrats to prevent third-party or independent candidates from siphoning off votes in crucial battleground states. In previous polls, Kennedy was shown to have the potential to pull votes from both Trump and President Biden, with some more recent surveys indicating he would attract more support from Trump’s base than from Biden’s.

By keeping Kennedy off the ballot, Democrats hope to reduce the risk of a split in votes that could weaken their chances of winning the state in the 2024 presidential election. However, Kennedy's supporters argued that this was an unfair tactic aimed at limiting voter choice.

Security and Legal Concerns

In their appeal to the Supreme Court, Kennedy's legal team also raised concerns over the personal safety risks associated with disclosing a candidate’s home address, particularly for high-profile and controversial figures like Kennedy. They argued that revealing such information could expose Kennedy and his family to potential harassment, demonstrations, or even violence, as well as impose an unnecessary burden on a presidential candidate.

"Disclosure of a controversial public figure’s home address can put that individual and his family in danger," the lawyers wrote. "It can result in round-the-clock demonstrations outside his house, attacks on his home, and harassment of his family, including his children. This is a severe burden to impose on a presidential candidate on pain of exclusion from the ballot."

State Response and Final Ruling

Representing New York’s state elections officials, Barbara D. Underwood, the state’s solicitor general, argued that Kennedy’s request to remain on the ballot was perplexing given that he had already suspended his campaign and endorsed Trump. Underwood questioned why Kennedy would continue to fight for ballot access when he was no longer actively pursuing the presidency.

"Kennedy has suspended his campaign for president, endorsed one of the major-party candidates, and is litigating to remove his name from many states’ general election ballots," she wrote. "There is little irreparable harm to Kennedy from being removed from the ballot for an office he no longer seeks."

Underwood also emphasized the importance of enforcing the state’s residency laws to ensure election integrity and prevent fraud. She stressed that the requirement for candidates to accurately disclose their residence was a fundamental part of ensuring fairness in the electoral process.

The Supreme Court’s refusal to intervene in the case means that Kennedy’s disqualification from the New York ballot remains in effect. This ruling highlights the challenges faced by third-party and independent candidates in navigating complex election laws, while also underscoring the tensions between campaign rules and voter choice.

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