Robert F. Kennedy, Jr., Loses New York Ballot Access Case

On September 10, U.S. District Court Judge Andrew L. Carter refused to put Robert F. Kennedy, Jr., on the New York ballot. Kennedy v Berger, s.d., 1:24cv-03897. He said the state interest in requiring a candidate to list his or her accurate address is important, because otherwise candidates might say they live in that state in order to get more votes from voters in that state. Here is the decision.

He wrote, “While a significant number of voters certainly want to see Kennedy’s name on the ballot, the interest of those voters does not outweigh the broader public interest in administrable elections.”

He did not mention Trump v Anderson, the U.S. Supreme Court decision that said the relationship between the presidency and the people is so important, that there must not be a patchwork in which some states have a presidential candidate on the ballot and other states don’t. However, Kennedy is in a poor position to make this argument, because he is trying to remove his name from the ballot in some states.

The case is not over, because the judge did not reach declaratory judgment. It is not known if Kennedy will pursue the case after the election. He has filed a notice of appeal, but it seems overwhelmingly likely that he will not be on the ballot, and thus New York will be the only jurisdiction in the nation with only Kamala Harris and Donald Trump on the ballot. The New York press has not mentioned this fact. 2024 is the only presidential election in the history of government-printed ballots in New York with only two presidential candidates on the ballot, other than 1956, when the Socialist Labor and Socialist Workers Party were each challenged off the presidential ballot.


Comments

Robert F. Kennedy, Jr., Loses New York Ballot Access Case — 12 Comments

  1. HOW MANY DEATH THREATS / ATTACKS AT REAL ADDRESSES ???

    HAVE TO MOVE IMMEDIATELY ON ELECTION DAY AFTER LOSING ANY COP PROTECTION ???

    MICH — INCUMBENT JUDGES RUNNING — NOOOO PUBLIC ADDRESSES

  2. By far the most corrupt state of the year. Literally every non-duopoly candidate got shut out!

  3. What if this year, New York has a record number of write-in votes? That would be pretty neat.

  4. “While a significant number of voters certainly want to see Kennedy’s name on the ballot, the interest of those voters does not outweigh the broader public interest in administrable elections.”

    And keeping candidates with sufficient signatures off the ballot, is clearly in the broader public interest, because elections would be less administrable if voters had more options, especially ones whose petitions they signed… /s

    “However, Kennedy is in a poor position to make this argument, because he is trying to remove his name from the ballot in some states.”

    The patchwork argument is a poor argument anyway, of the “if most others do something then that must be the right thing to do” type.

    “It is not known if Kennedy will pursue the case after the election.”

    I would be surprised if he bothered. Selling out to Trump marked the end of his own political career, and showed he has no interest in the future of the We the People Party beyond this election. Why then go to bat for them after the election.

  5. This is not new in New York. Several years ago Roque De La Fuente went through this election.tactic in New York, when they plan to remove him from his run for Mayor race for New York City over a prior registration in Orlando, FL because of the Miller case from 1940 in the US Supreme Court.

    If you have been.involved with election law in New York ger de registered to vote and then file to run for office. After one passes the
    Challenge date deadline then register
    a new. This will prevent that tactic being used in New York State Elections.

    I will be interesting if RFK Jr.will be allowed to vote in New York State
    at all.

    Bobby should go ahead with an appeal.

  6. On September 6, 2024, I raised the Miller case in the Adams case in Anchorage, AK in the Superior Court.

    What was interesting was both the State of Alaska and Mr.Fox failed to raise the 1940 Miller case in the Hofman cases of 11 September 2024 &
    12 September 2024. I got the Miller case out there and neither Mr..Fox for the State of Alaska raised that as an issue on either 12 or 13 September 2024.

  7. If it’s important for voters to know what state a candidate is from, listing the state should be sufficient. House numbers, street, town, blueprints to the residence, gate codes, satellite photos. Etc are excessive to the stated purpose and counter to public safety and reasonable expectation of privacy.

    They would also advantage those deemed worthy of government protection (if it actually worked and wasn’t a hot mess or worse) or well funded enough for adequate private protection against those who may have neither option.

  8. Citizens for Proportional Representation (CPR)
    http://www.usparliament.org

    Free and Equal uses the wrong math.

    Ranked Choice Voting (RCV) in single-winner election districts (used in California and six other state-level election districts) is a one-party system.

    Google Inc and FairVote launched off of my work with Citizens for Proportional Representation in October 1997 in the same paragraph of text that was deleted from Usenet (AKA now as “Google Groups”) in my conversation about Citizens for Proportional Representation (CPR).

    Now we have the difficult task of un-doing that damage by Google and FairVote ASAP.
    * * *

  9. Oh no! The escaped lunatic is spamming again! How long til long lists of names litter every post here again? We need to get the escape team on this, stat!

  10. The statement filed in Las Vegas District Court on July 1, 2024 does not match up with the posting of August 11, 2024. Why?

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