Photo by Gage Skidmore / Flickr
Independent presidential candidate Robert F Kennedy Jr will not appear on the New York ballot, a state judge ruled Monday. It is the first ballot access challenge Kennedy has lost to date.
New York Supreme Court Justice Christina Ryba sided with Democratic plaintiffs in a lawsuit that challenged Kennedy's residency status in New York when they say he actually lives in California.
The lawsuit, supported by the pro-DNC Clear Choice PAC, asserted that Kennedy violated state law by listing a New York address when he filed to run for president in the state.
In response, Kennedy vowed to appeal a ruling his team called "openly partisan."
“This case is an assault on New York voters who signed in record numbers to place me on their ballot,” Kennedy stated in a press release. “The DNC has become a party that uses lawfare in place of the democratic election process.”
In his objection to the ruling, Kennedy pointed to his voter registration in New York. He also asserted that New York has been his primary residency since 1964, he pays taxes in the state, and carries a valid New York driver's license.
Justice Ryba also refused to consider the constitutionality of the residency law -- something Kennedy's legal team challenged under the 12 Amendment of the United States Constitution.
“The 12th Amendment of the U.S. Constitution governs the residency of presidential and vice-presidential candidates, not state law,” said campaign Senior Counsel Paul Rossi.
Rossi added that the campaign plans to appeal the decision and seek injunctive relief with the Southern District of New York, where they hope to get a more favorable ruling in a federal court.
Kennedy submitted more than 108,000 valid signatures to gain ballot access in New York. His team has had to fight legal challenges in multiple states, some of which were brought by the Clear Choice PAC.
