Robert F. Kennedy Jr.’s campaign has filed an emergency application with the U.S. Supreme Court, seeking to have his name reinstated on New York’s presidential ballot after being disqualified by a lower court. Kennedy, an independent candidate, announced in August that he was suspending his campaign and endorsing former President Donald Trump. Despite attempting to remove his name from swing state ballots since then, Kennedy has chosen to keep his name on the ballot in certain states as a longshot attempt to secure the presidency through a contingent election.
The new application was filed on September 21 but did not appear on the Supreme Court’s docket until September 23. Justice Sonia Sotomayor has directed New York state officials to respond to the application by September 25.
According to the application, Kennedy’s campaign collected more than enough signatures from New York voters. The New York State Board of Elections certified over 100,000 signatures as valid and ordered that his name be included on the ballot.
However, Judge Christina Ryba of the New York Supreme Court ruled on August 12 that Kennedy had falsely claimed residency in New York while actually living in California. She stated that the room he rented in Katonah, New York was not a legitimate residence but rather a “sham” address for voter registration purposes and advancing his candidacy. On September 10, this ruling was affirmed by the New York Court of Appeals and subsequently certified by the elections board without Kennedy’s name appearing on the general election ballot.
Kennedy argues in his new application that U.S. Supreme Court precedent supports his case. He cites Ohio blocking independent presidential candidate John Anderson from their ballot in 1980 despite him gathering enough signatures from Ohio voters due to missing a filing deadline. In Anderson v. Celebrezze, it was determined that Ohio’s interests did not outweigh First and Fourteenth Amendment rights at stake.
Kennedy emphasizes that without immediate relief from the Supreme Court, over 100,000 voters who signed his invalidated petition will be permanently deprived of their right to have their chosen candidate placed on the ballot.
It is worth noting that this application comes after another recent decision by the U.S. Supreme Court rejecting a request from Green Party candidates to be restored onto Nevada’s state ballot for November’s election due to using an incorrect form when collecting signatures for access.
