New York Kennedy Ballot Access Case Set for Oral Argument on August 28

The New York Supreme Court, Appellate Division, will hear oral arguments in Cartwright v Kennedy on Wednesday, August 28.  This is the Robert F. Kennedy, Jr. ballot access case in New York state court.


Comments

New York Kennedy Ballot Access Case Set for Oral Argument on August 28 — 36 Comments

  1. Just curious, since you would probably know Richard. Has New York ever had a presidential race with only two candidates on the ballot before? I know you’ve said that 2022 was the second two-candidate gubernatorial race, after 1946 (or was it ’42? I forget), but wasn’t sure whether that sort of thing had happened in a presidential year.

  2. SEE THE TOTAL CHAOS WITH THE OLDE NIXON WAGE/PRICE CONTROLS

    ONE MORE THING THAT GOT THE LP GOING

    INFLATION = FEDRESSYS INFLATING THE MONEY SUPPLY TO PARTLY FINANCE USA GOVT DEFICITS

    — ABOUT 25 PCT ANNUAL DEFICITS IN ALL PEACETIME YEARS SINCE 1931 — BOTH USA AND STATES/LOCALS REGIMES

    >>> NOW ABOUT 35 TRILLION USA DEBT AND 15-20 TRILLION STATES/LOCALS DEBT

    HYPER-INFLATION CRISIS POSSIBLE ANY SECOND – ESP WITH ANY WAR IN OIL AREA – ESP MID-EAST

  3. Richard winger What do you think will happen given all the judges are democrats?

    Thank you

  4. Read article in the Brooklyn Daily News entitled: “Robert F. Kennedy Jr. Appeals Ruling Kicking Him Off New York Ballot. 15 August 2024

  5. Read: “Campaign Issues Defiant Statement Announcing Appeal of Ballot Decision” (15 August 2024, Bedford-Katowah Patch)

    RFK JR. filed in the Nevada District Court For Clark County at Las Vegas a “Statement of Domicile in a State other than Nevada”, viz., State of New York. It was filed under NRS 41.193 and NRS 41.195. That law became effective on 1 October 1979.

    If one lost the Domicilary by Choice it does not jump to a new location, such as California. It goes backward to the Domicilary of Origin. Which in
    RFK Jr. Was the Commonwealth of Virgina, because his father made McLean, VA his Domicile by Choice which at the time of RFK Jr.birth in
    Washington, DC that was the Domicile of Robert F. Kennedy Sr.

    The Albany Judge did not apply either the law of New York or Virginia on the subject.

  6. The Democrats are going to win NY whether he is on the ballot or not, and that was always true. He doesn’t have a party with down-ballot candidates that can harm Democrats running for Congress or the legislature. The outcome of the suit won’t affect a single election. It is only for candidates in future years or for people like Winger interested in arcane election laws. In the real world, it is insignificant—like most every post on Ballet Axis Snooze.

  7. Foster, I would be very interested in having a third ballot line option for a couple years. I might even run for office in support of the new party. If that’s a possibility.

  8. Kennedy submitted 110.000 signatures in Arizona on Friday. Only 43,000 is required. So more then double. Cornell West will complete his signature’s submission on Saturday the last day you can submit. Green Party @ Libertarian party are. already qualified parties in Arizona

  9. Mark Seidenberg, how does one go about losing dimicilary of choice? Everyone primarily resides somewhere for legal purposes like state and local taxes, voter registration for all levels of elections, delivery of certified mail, etc, even people who travel for a living or otherwise full time or split their time between residences. Please explain how such a loss could possibly occur.

  10. David: if all the judges are democrats, they will probably rule based on party and hive minded collectivism to limit choices and, in their assessment, increase their chances of paving the road to serfdom faster. Their ultimate goal is global totalitarianism, their chosen means are long term incrementalism and dishonest manipulation of elections, news reporting, history, education, regulation, and anything else that helps shape views, ideas, laws and their enforcement. Their track record is dismal, and their odds of winning are pretty good, as are their odds of losing.

    The chances of any D judges bucking the hive and ultimately prevailing upon appeal are not good.

    If the judges are all democrats, the law will be an ass, and we’ll all have to kiss it or get disappeared to gulags and killing fields in the name of diversity, equality, inclusion, tolerance, social justice, democracy, or whatever dishonest and emotional appeals work best to deprive people of traditions, freedoms, fruits of their labor and savings, legal rights and protections, capacity for critical thinking, attention spans, capacity for mutual self defense and self reliance, decency, conscience, and anything else that stands in the way of the ultimate open secret goal of totalitarian collectivist global dictatorship.

  11. Deport Kamala: deporting people due to their political views, ethnic origin, election outcomes, and other such reasons is not the stuff of relatively free and successful countries. It’s what authoritarian crapholes do. Why try to be like them? They never lead to anything good for most people of the country as a whole, as far as I know.

    Kamala Harris is a creepy creeping totalitarian, and so are those who would deport her or anyone else for any such reasons. It’s not what the USA is supposed to be about or what made America great in the first place. It definitely would not make America great again, keep it great, or save it. Tyranny is as tyranny does.

  12. Foster, you missed the real purpose. The more states they tie the Kennedy campaign up in court, the less time and money it has to get off the ground in other ways. It further weaponizes the real (as opposed to stated) purpose of ballot access barriers. As with taxes and regulatory red tape bureaucracy, limiting and hampering competition ensures smooth sailing for already haves and corrupt manipulative control freaks.

    If they limited their lawsuits only to states where the presidential election outcome is in any serious doubt or would change the national outcome, they would waste a lot less of the campaign’s time and money and increase the risk that it could reach escape velocity and become a more difficult to manage factor in the election. Since every election is the most important election ever and losing would be worse than the apocalypse, they feel justified in doing anything and everything they can to preclude even that slightest chance of “spoilers” changing the outcome.

  13. Same moron, not a troll,

    In an answer to you question, Here we have a Judge ruling that RFK Jr.is not a resident of New York. He one the other hand states he is not a domicile of California. Therefore under both New York and Virginia Law, RFK JR. Is a Domicilary by Origin at, VIrginia.

  14. Q ON,

    RFK Jr filed in the Nevada District Court in Las Vegas, a declaration of Domicile in a State other than Nevada.
    That was filed under the authority of NRS 41.193 and NRS 41.195. That law became effective on 1 October 1979.

    The Statement gave a New York Domicile
    at the address that Kennedy claimed was his domicile in New York. RFK has never declared CA as his domicle. It his current address is removed by the
    Court and can not use New York
    Domicile then the Domicile by Origin takes over. The Commonwealth of Virginia is the Domicle by Origin of Robert F. “Bobby” Kennedy Jr., because his father at his birth was a Domicle by Choice in McLean, VA.

  15. Domicile doesn’t always have to be declared. It can be determined by a court through the presentation of evidence, as in de facto established by physical presence and indicative patterns of behavior.

  16. ANSWER man on,

    Having an evidentiary hearing is one way to go about comming up with the Domicile by choice. NEVADA HOWEVER MAKES IT SIMPLE through the use of NRS 41.193 and N41.195. RfK Jr. did the simple approach in a District Court in Clark County, NV.

    The AIP believe the 12th Amendment placed unnecessary restrictions on the State Central Committee. Therefore the rules of the AIP choice to allow electors of the State of California to be selected from other than California
    Residents in whole or in part. That would expand the power of the leadership of American Independent Party.

    The leadership spent many hour studying the Jefferson Burr election of 1800 and having a discussion with
    Robbie Anderson Esq. Of the California Secretary of States Election afivision.

  17. It would be helpful hear as to where the AIP State Convention and State Central Committee took place in Sacramento County in 2024. Also providing dates.

  18. It would be helpful here is to read the last filing from the American Indeoendent Party of Califoria as to the National Party Affilation delivered to the California Secretary of State.

  19. Read: “Bad ballot news for RFK JR. In New York could spill over to additional states, (August 17, 2024,
    MARKET WATCH)

    Richard Winger is.quote in that article.

  20. In 2008, I and others officer of the AIP read a book by the son of the Japanese Ambassador to the U.S.A. who was born in the USA as a son of a diplomate, thereby not being a US Citizen at birth in the USA. He wrote s book entitled “The Origin of the Twelfth Amendement: … by Tadohisa “Tad” Kuroda (Praeger, 1994). That book caused the idea of opening the AIP CA Electors to out of state candidates.

  21. Reading of the book was prompted by the AIP support for the creation of the State of Jefferson.

  22. @MS,

    Judge Ryba ruled that RFKjr was not resident at the address given on his petition. She made no determination of where he was resident.

  23. JIM Riley,

    Thank you for that information. The news reports posted she ruled he was a CA resident. So those reports were disinformation.

    If a claim of domicile by choice fails
    one goes to domicilecby origin. That would be McLane, VA the Domicile by Choice of Robert F. Kennedy Sr.

    Thinking what that Albany Judge did
    was to create voter as suppression in New York formed electors that wanted Robert F. KENNEDY for POTUS and running mate for VPOTUS with 28 Electors.

    This brought to mind the voter surpression in Bleading Kansas and the Pottawatemie Massacre by John Brown and Sons. That gave me the idea of Robert F. Kennedy Jr., do a program at
    the John Brown Raid Headquarter to tell the history of Bleeding Kansas and Harper’s Ferry and his name sake “Robert F. Kennedy” who’s estate trustee leases those headquarters to
    John Brown for $35 in gold coin.

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