Kennedy Files Appeal In New York Ballot Access Case

 

Robert F. Kennedy Jr. in Brooklyn on May 1. Photo by Jason Schott.

Independent Presidential candidate Robert F. Kennedy Jr. filed an appeal and informational statement in the New York ballot access case in which Democratic Judge Christina L. Ryba ruled on Monday that Kennedy is not a New York resident, and cannot appear on the ballot in November. 

Kennedy said in a statement released by his campaign: “Judge Ryba’s ruling is an assault on New York voters who signed in record numbers to place me on their ballot. The Democratic Party is unrecognizable to me. 

“The party of my father and uncle’s time was committed to expanding voter’s rights and understood that competition at the ballot box is an essential part of American democracy.

“The DNC is now a party that uses lawfare in place of the democratic election process.”

Campaign Senior Counsel Paul A. Rossi said in a statement that gets to the heart of how this case stretches the law: “The lower court judge in this case shockingly announced in open court that she intended to ignore whether the New York residency rules violated the federal Constitution. New York residency rules were passed to prevent state and local politicians from carpetbagging into legislative districts in which they do not reside. 

“These rules have no application to presidential candidates because the entire nation is their electoral district - it is impossible for a presidential candidate to engage in the type of carpetbagging the New York residency rules aim to prevent in state elections. The Supreme Court held in Anderson v. Celebrezze that local election rules cannot be applied to deny presidential candidates ballot access in a national election.” 

Trial attorney William F. Savino of Woods Oviatt Gilman said, "The Kennedy campaign filed its appeal today based on numerous arguments passed over by the trial court. The judge refused to address the unconstitutionality of New York placing higher restrictions on candidate residency than allowed by the 12th amendment, the absence of voter confusion, and Mr. Kennedy's good faith use of his Katonah address based on his reliance on counsel."

To read the ruling against Mr. Kennedy, which was provided by the Kennedy campaign, please click here. 

For our coverage of Monday's ruling, please click here.