Robert F. Kennedy Jr. accused the Democratic National Committee of “lawfare” after he was denied a place on the New York ballot in November of this year.
In a decision Monday, Judge Christina Ryba ruled that Kennedy used a “fake address” to register to vote in the state and therefore will not appear on the ballot in the 2024 presidential election. The challenge was brought by the Democratic-aligned group Clear Choice Action.
“Using a friend’s address for political and electoral purposes without setting foot on the premises is not a residency under the Election Code,” Ryba wrote. “To rule otherwise would set a dangerous precedent and open the door to the fraud and political mischief that the Election Code’s residency rules were designed to prevent.”
Kennedy condemned the decision as politically motivated.
“This case is an attack on the voters of New York who signed in record numbers to put me on their ballot,” he said in a post on X. “The DNC has become a party that uses litigation in place of the democratic electoral process. We will appeal and we will win.”
“The Democrats show contempt for democracy,” he added in another statement. “They are not convinced they can win at the ballot box, so they are trying to deny voters a choice. We will appeal and we will win.”
His campaign argued that Kennedy’s life had been in New York since 1964 and that everything from his taxes to his falconry license was regulated in that state. The judge’s refusal to consider the 12th Amendment was the main point of contention for the campaign’s lead attorney, Paul Rossi.
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“The 12th Amendment to the U.S. Constitution governs the residency of presidential and vice presidential candidates, not state law,” Rossi said. “We intend to seek an injunction in the Southern District of New York. When state court judges ignore the Constitution, federal courts must step in to protect voters’ rights.”
Kennedy’s campaign announced last week that it had collected enough signatures to appear on the ballots of all 50 states and the District of Columbia.
