Washington — The Supreme Courtroom on Friday rejected a bid by impartial presidential Robert F. Kennedy Jr. to revive his title to New York’s basic election poll.
The unsigned order from the court docket leaves intact a decrease court docket choice declining to position his title again on New York’s poll forward of the Nov. 5 contest. Kennedy mounted an unsuccessful impartial bid for the White Home and, after suspending his marketing campaign final month, is working to have his title faraway from ballots in additional than a dozen states.
He has since endorsed former President Donald Trump, the Republican nominee.
Kennedy requested the excessive court docket in an emergency enchantment this week to reinstate his title within the Empire State, arguing that his supporters “have a constitutional proper to have Kennedy positioned on the poll — and to vote for him, whether or not he’s campaigning for his or her vote or not.”
“No matter inconvenience the [state] could have in including Kennedy to the poll seven weeks earlier than the election, it appears inconceivable that these difficulties or bills might outweigh the constitutional rights of 108,417 New York voters,” his marketing campaign informed the court docket in its request for emergency aid.
The dispute arose after Kennedy collected greater than 120,000 signatures to look on New York’s poll. The signatures had been submitted to the state elections board in Might, which went on to certify their validity and vote to position Kennedy on the poll.
However a number of people filed a lawsuit in state court docket difficult Kennedy’s nominating petition. A state court docket and appeals court docket each ordered the board to maintain Kennedy off the poll on the grounds that his nominating petition listed an invalid handle for the presidential hopeful. State legislation requires a nominating petition to point out the candidates “place of residence” which is outlined as their “fastened, everlasting and principal residence.”
The handle in Katonah, New York, that Kennedy listed on his petition belongs to a pal, whom he paid $500 a month starting in Might for a room that he and the pal each say he has stayed in simply as soon as.
Kennedy mentioned in a sworn declaration filed with a federal court docket in New York that he’s registered to vote within the state and “for consistency functions” was suggested by his election legislation counsel to make use of the Katonah handle on the nominating petition and different state petitions requiring a residence.
However the state appeals court docket concluded that the Katonah handle wasn’t Kennedy’s “fastened” or “everlasting” residence, and decided he by no means lived there. New York’s high court docket, the Courtroom of Appeals, declined to overview the decrease court docket’s choice.
Whereas the state court docket proceedings had been underway, Kennedy’s marketing campaign challenged his exclusion from New York’s poll in federal court docket, claiming the state’s residence requirement is unconstitutional. A district choose and the U.S. Courtroom of Appeals for the 2nd Circuit, nevertheless, declined the marketing campaign’s request to revive Kennedy to the poll.
The Board of Elections issued a certification of New York’s basic election poll on Sept. 11 that omitted Kennedy from it.
Kennedy, the son of the late Robert F. Kennedy and nephew of John F. Kennedy, argued in a submitting with the Supreme Courtroom that the handle on his nominating petition is “completely immaterial” to voters and to New York, and mentioned the residence requirement just isn’t associated to a qualification to run for the presidency.
His marketing campaign additionally argued that disclosing a “controversial” public determine’s residence handle places him and his household in danger.
“It can lead to round the clock demonstrations exterior his home, assaults on his residence, and harassment of his household, together with his kids,” Kennedy’s marketing campaign argued. “This can be a extreme burden to impose on a presidential candidate on ache of exclusion from the poll.”
The Board of Elections urged the Supreme Courtroom to reject Kennedy’s request, noting that not solely has the poll certification deadline already handed, however so has a federal deadline for mailing ballots to abroad and navy voters, which was Sept. 21.
“The requested injunction wouldn’t solely severely disrupt the state’s election processes and set off substantial voter confusion, but additionally trigger New York to overlook federal deadlines for mailing abroad and navy ballots and doubtlessly disenfranchise voters who obtain and vote the unique poll,” state officers wrote in a Supreme Courtroom submitting.
Additionally they famous that Kennedy has already known as off his personal presidential marketing campaign, endorsed Trump and is in court docket in different states to take away his title from their ballots.
“Kennedy’s purported concern for his petition signers’ rights is very questionable given his makes an attempt to take away his title from the ballots in different states,” New York officers mentioned. “In the meantime, voters who might not be conscious of Kennedy’s suspension of his candidacy could also be misled by his presence on the poll into considering that he stays a bona fide candidate for the presidency.”
Kennedy’s suspension of his marketing campaign got here after months of combating to get on the poll in each state and Washington, D.C. On the time, he mentioned he would search to have his title faraway from the ballots in 10 states that his marketing campaign thought-about aggressive as a result of it risked harming Trump’s possibilities of profitable the election in opposition to Vice President Kamala Harris. He additionally endorsed Trump, however mentioned his supporters ought to nonetheless vote for him in states the place it could not be to the detriment of the Republican nominee.
However Kennedy later inspired his supporters in each state to vote for Trump and has sought to take away his title from the poll in additional states than the unique 10. In accordance with CBS Information’ newest tally, Kennedy’s title will not seem on the poll in 18 states.
His marketing campaign web site now declares “a vote for Trump is a vote for Kennedy.”
In August, a Georgia choose decided Kennedy was “not certified” to look on the state’s poll, citing questions on his New York residency. Georgia was one of many 10 states the place Kennedy wished his title faraway from the poll and he didn’t problem the choice.
Whereas he fights to have his title reinstated in New York, he is waging a separate battle in Michigan to have his title eliminated. The Michigan Supreme Courtroom dominated in September to maintain him on the poll. He has appealed to the U.S. Courtroom of Appeals for the sixth Circuit.
Kennedy’s request for aid is the third involving the 2024 election to land earlier than the Supreme Courtroom, although extra are anticipated. The justices in August revived a part of an Arizona legislation requiring documentary proof of citizenship when registering to vote utilizing a state-created type, however declined to permit enforcement of provisions mandating such proof with the intention to vote for president or by mail.
Earlier this month, it rejected a bid to place Inexperienced Occasion presidential candidate Jill Stein on the Nevada basic election poll.