Independent presidential candidate Robert F. Kennedy Jr. will not appear on New York’s presidential ballot in November, a state judge ruled Monday, finding he falsely claimed residency in the state.
Judge Christina Ryba said the room in the New York City suburbs that Kennedy used to claim residency wasn’t a “bona fide and legitimate residence, but merely a ‘sham’ address that he assumed for the purpose of maintaining his voter registration.”
The challenge was filed by Clear Choice Action, a Democratic-aligned group which has filed challenges to Kennedy and other third party candidates’ ballot access across the country.
Ryba said that photos submitted in evidence appeared to show that Kennedy’s supposed residence isn’t legitimate.
“Given the size and appearance of the spare bedroom as shown in the photographs admitted into evidence, the Court finds Kennedy’s testimony that he may return to that bedroom to reside with his wife, family members, multiple pets, and all of his personal belongings to be highly improbable, if not preposterous,” the judge wrote.
She added that Kennedy has a “long-standing pattern” of using friends’ addresses and other locations to maintain a New York voter registration while actually residing in California.
“Using a friend’s address for political and voting purposes, while barely stepping foot on the premises, does not equate to residency under the Election Law,” Ryba wrote. “To hold otherwise would establish a dangerous precedent and open the door to the fraud and political mischief that the Election Law residency rules were designed to prevent.”
Kennedy’s listed address is a single room in a friend’s home in Katonah, New York, about 40 miles from Manhattan. He said in a trial for the case that he has only slept in the room once since moving in due to a heavy travel schedule for his presidential campaign, The Associated Press reported.
Barbara Moss, who owns the home, testified that he pays her $500 a month in rent, according to the AP. But she also noted that Kennedy’s first rent payment wasn’t made until after a New York Post story questioned Kennedy’s claim of residency.
The Kennedy campaign denounced the decision, committing to appeal it. Kennedy himself blamed the ruling on Democrats.
“The Democrats are showing contempt for democracy,” Kennedy said in a statement. “They aren’t confident they can win at the ballot box, so they are trying to stop voters from having a choice. We will appeal and we will win.”
“This case is an assault on New York voters who signed in record numbers to place me on their ballot,” he continued. “The DNC has become a party that uses lawfare in place of the democratic election process.”
If upheld on appeal, the successful challenge could lead to similar challenges across the country. Kennedy used the New York address to file for candidacy in multiple states.
Kennedy has claimed he will have ballot access in 46 states, representing 329 electoral votes, though access has only been confirmed for 15 states. He is confirmed to be on the ballot in the key battlegrounds of Michigan, North Carolina and Nevada.
His access in North Carolina was upheld earlier Monday, rejecting an appeal from the state’s Democratic Party challenging his eligibility.
