New Jersey Voter Files Lawsuit to Keep Robert F. Kennedy, Jr., Off the Ballot

On June 25, a New Jersey voter, Scott Salmon, sued the Secretary of State to force her to keep Robert F. Kennedy, Jr., off the November ballot.  The basis for the lawsuit, which is filed in state court, is that Kennedy is a “sore loser” because he got some write-ins in the June 4 Democratic presidential primary in New Jersey.  See this story.

The article does not mention that the New Jersey “sore loser” law has been interpreted not to apply to presidential candidates.  In 1988 David Duke ran in the state’s Democratic presidential primary and also appeared on the New Jersey general election ballot as an independent.  In 1992, Lyndon LaRouche did the same.

Kennedy withdrew from the race for the Democratic nomination on October 9, 2023, long before he had applied to be on any state’s Democratic presidential primary.  The lawsuits asserts that because some voters voted for Kennedy in this month’s presidential primary, therefore he is a “sore loser.”  Under that theory, New Jersey should have kept John Anderson off the November ballot in 1980, because he certainly also received some write-ins in the primary.  Also New Jersey should have kept Pat Buchanan off the ballot in 2000, because he had been seeking the Republican nomination during 1999 and surely received some write-ins in the 2000 Republican presidential primary.

New Jersey does not have a declaration of write-in candidacy procedure.  No one ever files to have his or her write-ins counted in New Jersey.  Some counties tally write-ins but most don’t.

The New Jersey “sore loser” law, sec. 19:13-4, says, as to presidential candidates, “the petition or petitions shall not include the names of any candidates for President or Vice-President who have been nominated at a convention of a political party as defined by this title.”  In New Jersey, only the Republican and Democratic Parties meet the definition of “party.”.  Therefore, the law, as to presidential candidates, clearly only applies to major party nominees.  It isn’t really a “sore loser” law at all; it is a ban on fusion for presidential elections.

As to candidates for non-presidential office, 19:13-4 says, “No such petition shall undertake to nominate any candidate who has accepted the nomination for the primary for such position.”


Comments

New Jersey Voter Files Lawsuit to Keep Robert F. Kennedy, Jr., Off the Ballot — 15 Comments

  1. Neat! How could he have prevented receiving write in votes? I’m a Republican, and even I can see the problem here, even though I’m not a Kennedy or Biden voter or otherwise with a stake here.

  2. Obbob / jtb : also, to set a precedent that would make any future debate inclusion impossible .

  3. It could make debates or ballot access impossible altogether. Don’t major party nominees get a few wrote in votes on each other’s primaries? How could they prevent it?

  4. Wow this one is even more bizarre then some of the other crazy attempts to keep RFK Jr off the ballots

  5. RICHARD,

    When I received the request in 2020
    From Trump’s lawyer to do a favor for Trump and put Kanye West on the ballot of the American Independent Party and not the Trump/Pence ticket like I did in 2016 with the GOP in CA. At the time I wanted to place Rocque De La Funte on the ballot but I did not have the votes to do that. However, I did have the votes to put Rocque on the ballot for POTUS and switch the VPOTUS
    Stop with Kanye West because I was informed by Trump’s attorney believed that Kanye West and either POTUS would
    take votes away from Biden/Harris ticket.

    Knowing now that Kanye West does not like Jews, If I knew then that fact I
    would have told Trump’s Lawyer to pound sand..

    I liked Rocque De La Funte very much and though then and now he would make a great POTUS.

    I am still upset with Donald Trump’s lawyer that asked me to place Kanye West on the ticket.

    This related to the request I received to come before the DC Grand Jury by the US Attorney. Then it just drop after being told it was being transferred to a grand jury in Anchorage, AK.

  6. The write-in voters for Bobby in Summerset County NJ FOR DISTRICT 9 is 8, District 10 is 10, District 11 is 1, DISTRICT 12 IS 9.

    write-in were received for Donald Trump, Bernie Sanders, C. West and Jill Stein.

  7. Scott Salmon my be doing this litigation pro se. Any one have idea as to case number and the court this case the court is filed in. I want to review this case, but I need a case name and number.

  8. Make some calls and do some actual research, not just Lexis nexis, if you’re that interested

  9. I see the best way to stop Salmon is ple through judicial estoppel, because of his insolvent in the La Deana Thomas case.

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