Friday, August 8, is the last day of the trial in Albany, New York, over whether Robert F. Kennedy, Jr., should be on the New York ballot. He is being challenged on the basis that he filled our his Declaration of Candidacy incorrectly, in the portion that asks for the address of his domicile. Cartwright v Kennedy, Albany Co. Supreme Court.
If he loses this case, and is kept off the ballot, that result would seem to contradict the U.S. Supreme Court unanimous ruling in Trump v Anderson, decided on March 4, 2024. That was the Colorado case on whether Donald Trump should be on the Colorado Republican presidential primary ballot. The Colorado Supreme Court had ruled that Trump was ineligible because of the “insurrection” clause in the 14th amendment, and that therefore he should be off the ballot.
The U.S. Supreme Court reversed the Colorado Supreme Court, but it did not contradict the Colorado Supreme Court’s finding that Trump had engaged in insurrection. The U.S. Supreme Court expressed no opinion on that. But it said it didn’t matter, because the relationship between the people and the president is so fundamental, that it would implicitly violate Article Two for various states to keep a presidential candidate off the ballot when other states were putting him or her on the ballot. The Court said that would create an untenable “patchwork.” The Court did not tie that finding to the 14th amendment insurrection clause. Nor did the Court limit its finding to major party presidential candidates.
The same logic ought to apply to Kennedy. If the U.S. Supreme Court could keep a candidate on the ballot even though the trial court finding had been that he had violated a constitutional qualification, surely the same logic would prevent someone from being removed from one state’s ballot on the grounds that he made a mistake on a candidacy qualification form.
The key quote from the U.S. Supreme Court in Trump v Anderson is, “The ‘patchwork’ would likely result from state enforcement that would sever the link that the Framers found so crucial between the National Government and the people of the United States as a whole.”
Will knowing where he votes matter?
DemocRats are so disgusting
I really hope that RFK Jr. wins this. I also hope that if he get’s his 2% there will be a concerted effort to maintain the ballot line for coming elections. It would be nice to have a third party in New York fielding strong candidates particular to State issues. I’d like to see the party become roughly affiliate with the Libertarians, or to function in manner similar to the Independence Party. Even if it means cross-endorsing major party candidates some of the time. It might be a good idea to establish a bylaw requiring half of the party’s candidates not to be fusion candidates, or something to that affect. Regardless of the aftermath, I’d really like to see him win the court case and get his 2%.
I read that there is a movement to revive the Reform Party. Several remnants of that party are supporting Kennedy. And old Ross Perot isn’t around anymore to stifle this development.
@term limits
What do you mean by get his 2%
David, Current New York State law requires a political group to have their candidate (for President or Governor) achieve the greater of 130,000 votes or 2% of the popular vote every two years in order to maintain party status. I don’t think 130,000 will be enough this year. So if 2% of New Yorkers vote for the We The People Party candidate for President (Kennedy, of course) this year, and if the party meets other organizational requirements, they’ll be able to field candidates in 2025 and 2026 with less stringent petitioning requirements.
Still voting TRUMP!
Everyone is voting for the Kamala!
RFK Jr. did file a statement of domicile with a Nevada Court as in New York under NRS 41.193 and NRS 41.195.
That has been Nevada Law since 1 October 1979.
The attorneys need to look into the case “Matter of Paderewski” 193 Misc. 688 (1948). When Pedereqski died it was in a hotel in New York, yet he had to ranches in California. NEW York won out on domicilary at death.
50 STATES + DC = AUTO *PATCHWORK*
2-1-2 + 23 AMDT
TOO MANY SCOTUS ELECTION MORONS TO COUNT
https://www.freep.com/story/entertainment/television/2024/08/06/who-will-play-tim-walz-on-saturday-night-live/74688005007/
ANY BAN TROLL MORONS READY FOR SNL IN NYC — AS PREZ/VP HACKS ???
He was living in NY State when he was falconing and came across a dead baby bear in the woods and his first thought was to take it home, skin it, and eat the meat. But then he remembered that he and his friends had a dinner reservation at Peter Luger’s steakhouses in Williamsburg, Brooklyn, and then had to catch a flight at Kennedy Airport in Queens so he didn’t have time to go back to his home in Westchester. So he came up with the idea to dump the dead baby bear in Central Park nextto a broken bicycle he also had in his vehicle. He thought it would be funny to make it look like someone riding the bike crashed into the bear and killed it. Dumping a dead animal in a NYC park is a crime. But Kennedy, a rich wife-beating abuser of women and heroin addict who has never been held responsible for any of his actions, knew he could get away with this. Which he has. I understand that this action makes him an ideal candidate for Richard Winger, Bill Redpath and their fellow moral and mental degenerates who make up most of BAN readers. Years ago, people respected BAN. No more. So all you RFK supporters deserve your candidate and each other. Most of the rest of America is disgusted by this and by you.
You have to be the weird to be against Kamala!
Normal people on,
This Saturday on SNL there will be a issue covering the bear cub from the
interstate being hit by a van and RFK taking that dead bear cub to central park. It is funny. In light of the screwed up bike lanes in NYC.
As for the issue of same state elector
concern that could be settled by not using any electorfrom CA.
I EXPECT PEOPLE WITH GOOD HUMOR will join in singing “Road Kill Stew” a parody of Three Blind Mice.
DID THE KENNEDY BEAR GIVE RFKJR A BEAR BRAIN WORM ???
WILL RFKJR PLAY TRUMP OR WALZ ON SNL ???
https://www.cnn.com/2024/08/02/style/giant-pigeon-nyc-high-line-tan/index.html
WILL THE NYC PIGEON ATTACK RFKJR ON / OFF SNL FOR HIS DEAD BEAR STUNT ???
It is Kennedy’s petition that is being challenged in New York, not his qualification for office.
The lawsuit is likely being used for propaganda purposes. They are not concerned with esoteric concerns on some obscure website. They’re hoping that some voters will hear about a constitutional “issue” or find out that Kennedy is married to an actress and lives in fancy house in California.
Jim Riley,
The Judge should follow the statement of domicilary filed in Clark County, NV under the authority of NRS 41.193 and NRS 41.195 effective 1 October 1979.
The American patriots are 100% for the Kamala!
That would tend to invalidate all states’ petition requirements. If you can’t keep a candidate off the ballot if other states have put him or her on, then once he or she qualifies in some number of states, you’re essentially requiring that he or she be certified in all 50 states (and DC.)
That opens up a cam of worms.
Kamala is candidate for the patriotic Americans!