Robert F. Kennedy Jr. has turned to the Supreme Court to have his name reinstated on New York’s presidential ballot.
Amid efforts to remove his name from the ballot in swing states following his endorsement of former President Donald Trump late last month, Kennedy is trying to keep his name on the ballot in the Empire State. Lower courts, including the U.S. Court of Appeals for the 2nd Circuit, affirmed Kennedy’s removal after determining that he falsely claimed residency in the state, stating that the listed Katonah, New York, address was not his primary residence.
The appeal underscores the role third-party candidates could play as spoilers in the 2024 presidential election, which polls suggest is a tight race.
Kennedy’s legal counsel argued that he rented a “room from a childhood friend” and had “stayed overnight on one occasion.” Although no formal lease agreement was signed, the now-Trump-supporting candidate said removing him from the ballot in New York unjustly deprived his supporters the opportunity to vote for him, according to the emergency petition.
Kennedy’s team also claimed that the residency matter is immaterial to the election process, particularly for presidential candidates, and that the state’s enforcement of this requirement places an undue burden on voters and violates his First and 14th Amendment rights.
“The address on Kennedy’s petition was and is entirely immaterial — both to voters and to New York,” his attorneys stated in their appeal.
The request was made by Kennedy’s campaign, the pro-Kennedy American Values 2024 super PAC, and a voter who had signed his petition. The emergency plea was submitted to Justice Sonia Sotomayor, who oversees such appeals from New York.
Sotomayor asked for responses from New York Attorney General Letitia James and other parties by Wednesday afternoon.
Since ending his independent presidential run and endorsing Trump, Kennedy has been working to remove his name from ballots in crucial swing states while staying on the ballot in others, leading to various legal challenges.
“A lot of people are asking me, if they live in a red state or a blue state, should they still vote for me? What about swing states?” Kennedy wrote in a recent fundraising email. “The answer is easy. No matter what state you live in, I urge you to vote for Donald Trump. The reason is that is the only way we can get me and everything I stand for into Washington D.C. and fulfill the mission that motivated my campaign.”
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The New York case has become the first Kennedy-related ballot battle to reach the Supreme Court so far this cycle.
Last week, the justices declined an emergency appeal from the Green Party to reinstate presidential candidate Jill Stein on Nevada’s presidential ballot.