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.
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The National Archives has the results of past electoral college votes, and its pages for each election show the state in which the candidates lived. The 1956 results list Dwight Eisenhower as a resident of New York. See here. Scroll down to see the state of each candidate.
It is extremely unlikely that Eisenhower really lived in New York in 1956. He was president of Columbia University before he became president in 1952, so of course he had a connection to New York in 1952. But in 1950 he and his wife Mamie had bought the only home they ever owned, a farm in Gettysburg, Pennsylvania. It needed renovation and wasn’t ready for their occupancy until 1954. Given that they did have that home from 1954 on, and also given that obviously he spent most of his time in the White House 1953-1961, it seems very unlikely he had a real residence in New York city in 1956.
This is perhaps relevant to the controversy over the residence of Robert F. Kennedy, Jr., which threatens his ballot status in New York.
The Pennsylvania petitions of Claudia De la Cruz, and Randall Terry are being challenged because the two presidential candidates didn’t submit a full slate of electors. The hearing was in Commonwealth Court on Wednesday, August 14. Clymer v Schmidt, 376 MD 2024.
There is no Pennsylvania law that says presidential candidates must submit a full slate of electors, and in the past Pennsylvania has printed presidential candidates’ names on the November ballot even though they didn’t have a full slate of electors.
The same issue arose in New York in 1968, when the Socialist Workers Party was challenged for not having a full slate of elector candidates. But the Socialist Workers Party won that case in State Supreme Court and in the Appellate Division.
The case also involved the issue of how many signatures are needed. On this matter, the Robert F. Kennedy, Jr. petition is also being challenged. On that particular issue the state is on the side of the candidates, and argues that 5,000 signatures are needed. This issue does not affect the Constitution Party because even the objectors admit they only need 5,000 signatures. Back in 2016 the Constitution, Libertarian and Green Parties won in court over the number of signatures, but the objectors say those are the only parties that only need 5,000, and that everyone else needs 33,000.
On August 15, the Minnesota Secretary of State determined that the petition to put the Libertarian presidential nominee on the ballot has enough valid signatures.
Earlier this month, Congressman Brian Fitzpatrick (R-Pa.) introduced the “Let America Vote Act”, HR 9144. It says states must let independent voters vote in presidential and congressional primaries. It also says that states that don’t let independent voters vote in primaries for “state and local office” cannot receive federal funding for election administration.
The bill does not define “state or local office”, which leaves an ambiguity as to whether the bill applies to elections for party office. The bill does not say that it applies only to public office. About half the states hold publicly-administered elections for party office.
Here is the text. Fitzpatrick was elected to the U.S. House in 2016, and represents a district composed of Philadelphia suburbs.