RFK Jr. blocked from NY ballot after judge rules he provided 'sham' residency
A New York judge ruled Monday that independent presidential candidate Robert F. Kennedy Jr. cannot appear on the state's November ballot, siding with a Democratic-backed political action committee that challenged Kennedy's candidacy over the residence he listed to qualify.
The judge's decision could pave the way for similar residency challenges targeting Kennedy's candidacy in other states.
New York Justice Christina Ryba, a judge in Albany, ruled that Kennedy falsely claimed on his nominating petition that his "place of residence" is an address in Katonah, N.Y., outside of New York City, where he rents a spare bedroom rather than his home in California, which he purchased in 2021 after marrying actress Cheryl Hines in 2014.
Ryba ruled the nominating petition submitted by Kennedy and running-mate Nicole Shanahan is invalid because of the false residency claim and ordered the New York State Board of Elections not to place the Kennedy-Shanahan ticket on the 2024 ballot. The board meets in September to certify the general election ballot.
In a 34-page decision following a short trial, Ryba wrote that "based on clear and convincing credible evidence," the New York address listed on the petition "was not Kennedy's bona fide and legitimate residence, but merely a 'sham' address that he assumed for the purpose of maintaining his voter registration and furthering his own political aspirations in this State."
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Kennedy testified last week in court that his residency at the New York address began "sometime around May of 2023" but confirmed none of his pets or family members reside at that address. Kennedy told the court he has only slept in the New York home once, "a month ago, three weeks ago." A neighbor of the New York address for 35 years testified that he often walks his dog past the home but has never seen Kennedy.
Kennedy remains a registered voter in New York and has not updated his voter registration since moving to California. "I did not want to change my voter registration to California because I'm a New Yorker," Kennedy told the court.
The lawsuit, brought by three New York residents, was backed by the Democratic-aligned political action committee Clear Choice.
Kennedy said he would appeal the decision, which the campaign called an "openly partisan ruling" by a Democratic judge.
“The Democrats are showing contempt for democracy,” Kennedy state in a statement. “They aren’t confident they can win at the ballot box, so they are trying to stop voters from having a choice. We will appeal and we will win.”
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Kennedy is polling in single-digits in most national polls. Democrats have attacked Kennedy as a "spoiler candidate" to help Donald Trump, the Republican nominee for president. Although New York is considered solidly in the column of Democratic presidential nominee Kamala Harris, Kennedy's performance could swing closely contested battleground states.
"The RFK Jr. running for president is the same RFK Jr. portrayed in this story: a deeply troubled, reckless, and dangerous man," Democratic National Committee spokesman Matt Corridoni said in a statement.
"He doesn’t think the rules apply to him and he refuses to consider the consequences of his actions. That is why he is willing to play the role of spoiler for Donald Trump in this election," Corridoni said.
Reach Joey Garrison on X, formerly Twitter, @joeygarrison.
This article originally appeared on USA TODAY: Robert F. Kennedy Jr. blocked from New York presidential ballot
