ALBANY, N.Y. (AP – Modified) — In a significant ruling on Monday, a judge declared that Robert F. Kennedy Jr., an independent presidential candidate, should not be listed on New York’s ballot. The judge stated that Kennedy falsely claimed a New York residence on his nominating petitions, despite his actual residence being in California.
As a member of the renowned Democratic political family, Kennedy has pledged to appeal the decision, dismissing it as politically motivated. If the judge’s decision stands, it could not only prevent Kennedy from appearing on the New York ballot but could also trigger challenges in other states where he used a New York City suburb address to collect signatures.
“The Democrats are demonstrating a disregard for democracy,” Kennedy stated, pointing out that the ruling judge is a Democrat. “They lack the confidence to win at the ballot box, so they are attempting to deny voters a choice. We will appeal and we will prevail.”
Earlier on Monday, a North Carolina judge ruled that Kennedy could remain on that state’s ballot, following a separate challenge on different grounds.
In New York, Judge Christina Ryba, in her comprehensive 34-page decision, stated that the rented bedroom Kennedy claimed as his New York residence was not a “bona fide and legitimate residence, but merely a ‘sham’ address that he assumed for the purpose of maintaining his voter registration” and advancing his political candidacy.
“Considering the size and appearance of the spare bedroom as shown in the photographs admitted into evidence, 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 unlikely, if not absurd,” the judge wrote.
Ryba pointed out that evidence presented in the trial showed Kennedy had a “long-standing pattern” of using addresses of friends and relatives to maintain his voter registration in New York state, while actually living in California, where he shares a home with his wife, “Curb Your Enthusiasm” actor Cheryl Hines.
“Utilizing a friend’s address for political and voting purposes, while barely setting foot on the premises, does not constitute residency under the Election Law,” the judge wrote. “To rule otherwise would set a dangerous precedent and pave the way for the fraud and political mischief that the Election Law residency rules were designed to prevent.”
In the video player above, you can hear from William Savino, a Buffalo-based attorney who represents Kennedy.
Below, you can read the full decision.
RFK Jr. NY ballot court decision by Anthony Reyes on Scribd
Clear Choice Action, the Democrat-aligned political action committee that supported the legal challenge on behalf of several voters in the state, stated that the ruling demonstrates Kennedy intentionally misled election officials and violated voters’ trust.
“The Kennedy team will undoubtedly file desperate lawsuit after desperate lawsuit in the coming days and weeks; they will fail, and it will not change the simple truth: he lied, and he’s being held accountable,” the organization said.
Kennedy, who led a New York-based environmental group for decades and whose namesake father was a New York senator, argued during the trial that he has lifelong ties to New York and plans to move back.
Kennedy stated that he currently rents a room in a friend’s home in Katonah, about 40 miles (65 kilometers) north of midtown Manhattan, though he has only slept in that room once due to his constant campaign travel.
The 70-year-old candidate testified that his move to California a decade ago was to be with his wife, and that he always intended to return to New York.
Barbara Moss, who rents the room to Kennedy, testified that he pays her $500 a month. However, she admitted there is no written lease and that Kennedy’s first payment wasn’t made until after the New York Post published a story questioning Kennedy’s claim that he lived at that address.
The judge also heard from a longtime friend of Kennedy’s who stated that the candidate had regularly been an overnight guest at his own Westchester home from 2014 through 2017, but was not a tenant there as Kennedy had claimed.
Attorneys representing several New York voters grilled Kennedy in often heated exchanges as they sought to make their case, pointing to government documents including a federal statement of candidacy with a California address, and even a social media video in which Kennedy talks about training ravens at his Los Angeles home.
Ryba stated that his testimony that none of the furniture or decor in the room belonged to him — while Hines and his “wide assortment of domestic and exotic pets” remained across the country — was compelling evidence that he didn’t intend to remain at the Katonah address.
In his statement after the ruling, Kennedy reiterated that he provided evidence New York has been his primary residence since 1964, including that he pays state taxes, has a law practice in the state and holds a driver’s license, falconry license and other recreational licenses in New York.
Ryba dismissed such arguments in her ruling as “immaterial” without proof of physical presence at a specific address where he intends to live permanently.
Kennedy has the potential to outperform any independent presidential candidate in decades thanks to his famous name and a dedicated base. Both Democrat and Republican strategists have expressed concerns that he could affect their candidate’s chances.
Kennedy’s campaign has stated he has enough signatures to qualify in a majority of states, but his ballot drive has faced challenges and lawsuits in several.
Kennedy has told reporters that getting knocked off the ballot in New York could lead to lawsuits in other states where his campaign listed the same address.
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Marcelo reported from East Meadow, N.Y. Associated Press writer Michael Sisak contributed to this report.
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