{"id":2323831,"date":"2024-08-13T13:52:02","date_gmt":"2024-08-13T17:52:02","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/democrats-use-lawfare-to-block-rfk-jr-from-ny-ballot\/"},"modified":"2024-08-13T13:59:12","modified_gmt":"2024-08-13T17:59:12","slug":"democrats-use-lawfare-to-block-rfk-jr-from-ny-ballot","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/democrats-use-lawfare-to-block-rfk-jr-from-ny-ballot\/","title":{"rendered":"Democrats Use Lawfare To Block RFK Jr. From NY Ballot"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">20<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fdemocrats-use-lawfare-to-block-rfk-jr-from-ny-ballot%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2323831&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>A New York judge, Christina Ryba, has issued a ruling that prevents independent presidential candidate Robert F. Kennedy Jr. from \u200dappearing on the \u2062New York \u2064ballot. The judge\u200b claims that Kennedy&#8217;s declared \u2062residence in Katonah, New York, is not a legitimate home but rather a &#8220;sham&#8221; address used solely to maintain \u2062his voter registration and support his presidential aspirations. Kennedy argues that\u200b he has been a New York resident since 1964 and \u200dpays state taxes. \u2063However, Ryba believes his primary residence is in California and has a history of using friends&#8217; and family\u200c members&#8217; addresses to register in New York.<\/p>\n<p>If Kennedy&#8217;s main residence is confirmed as California and he wins the state&#8217;s electoral\u2062 votes, \u2063he \u2063would be ineligible to count them\u200c because\u2063 his running mate\u2063 is\u2063 also \u2064from California, \u2063which violates the 12th Amendment of the\u200c U.S. Constitution. Kennedy plans to appeal the ruling, criticizing Democrats for what he perceives as a misuse of legal tactics to <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/trump-coins-california-gov-gavin-newscum-during-border-visit\/\" title=\"Trump dubs California Gov. Gavin &#039;NewScum&#039; on border trip\">undermine political opponents<\/a> and claiming this infringes on \u200dthe democratic\u2064 process. Additionally, a \u200dDemocrat-aligned political action committee, Clear Choice Action, is \u2062working to remove Kennedy from ballots\u200d in Pennsylvania and Illinois as well, \u2063citing signature\u200b irregularities and address falsification. The lawsuit highlights broader concerns among Democrats about the impact of third-party candidates on election outcomes, reminiscent of past elections where \u200dthird-party candidates influenced results significantly.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div>\n<p>A&nbsp;<a href=\"https:\/\/ballotpedia.org\/Christina_Ryba\" target=\"_blank\" rel=\"noreferrer noopener\">Democrat<\/a>&nbsp;New York judge issued a ruling Monday that&nbsp;blocks&nbsp;independent presidential candidate Robert F. Kennedy Jr from the New York ballot in what is part of the left&rsquo;s latest efforts to try and prevent Kennedy from spoiling Vice President Kamala Harris&rsquo; chances of winning.<\/p>\n<p>Judge <a href=\"https:\/\/iapps.courts.state.ny.us\/nyscef\/DocumentList?docketId=w\/iadcUX_PLUS_2LbyaYuQXKowg==&amp;PageNum=3&amp;narrow=\" target=\"_blank\" rel=\"noreferrer noopener\">Christina Ryba<\/a> <a href=\"https:\/\/iapps.courts.state.ny.us\/nyscef\/ViewDocument?docIndex=o79e935tNXrPSLozuJLpBg==\" target=\"_blank\" rel=\"noreferrer noopener\">issued a 34-page decision<\/a> stating the bedroom that Kennedy allegedly rents in Katonah, New York is not a &ldquo;bona fide and legitimate residence, but merely a &lsquo;sham&rsquo; address that he assumed for the purpose of maintaining his voter registration&rdquo; and assisting his presidential bid. Kennedy contends his primary residence has been New York since 1964 and that he pays New York state taxes and possesses a state driver&rsquo;s license.<\/p>\n<p>Ryba argues Kennedy&rsquo;s primary residence is in California but that Kennedy has a &ldquo;long-standing pattern&rdquo; of using the addresses of friends and family to maintain his voter registration in New York. <\/p>\n<p>&ldquo;Kennedy&rsquo;s designation of the 84 Croton Lake Road address as his &lsquo;place of residence&rsquo; was a false statement requiring invalidation of the petition,&rdquo; Ryba ruled.<\/p>\n<p>Notably, if Kennedy&rsquo;s primary residence is California, then should he win the Golden State he would not be eligible for the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/warp-speed-advisor-expects-vaccine-to-ship-mid-december-herd-immunity-by-may\/\" title=\"\u2018Warp Speed\u2019 advisor expects vaccine to ship mid-December, \u2018herd immunity\u2019 by May\">electoral college vote<\/a> since his running mate, Nicole Shannahan, is a California resident and the 12th Amendment precludes candidates from receiving electoral votes if both candidates are from the same state.<\/p>\n<p>Kennedy vowed to appeal the ruling, slamming Democrats for their use of lawfare to knock political opponents off the ballot &mdash; months after Democrats unsuccessfully tried to kick former President Donald Trump off the ballot in multiple states.<\/p>\n<p>&ldquo;The Democrats are showing contempt for democracy,&rdquo; Kennedy said in a statement. &ldquo;They aren&rsquo;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.&rdquo;<\/p>\n<p>&ldquo;This case is an assault on New York voters who signed in record numbers to place me on their ballot,&rdquo; Kennedy continued. &ldquo;The DNC has become a party that uses lawfare in place of the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/dean-phillips-pleads-to-wisconsin-supreme-court-to-be-put-on-the-battleground-states-ballot\/\" title=\"Dean Phillips requests Wisconsin Supreme Court to include him on the battleground state&#039;s ballot\">democratic election process<\/a>.&rdquo;<\/p>\n<p>Clear Choice Action &mdash; the same Democrat-aligned PAC behind the New York suit &mdash; is also pursuing the removal of Kennedy in battleground Pennsylvania and Illinois. In Pennsylvania, Clear Choice Action <a href=\"https:\/\/www.cbsnews.com\/news\/robert-f-kennedy-jr-pennsylvania-ballot-access-lawsuit-new-york-illinois\/\" target=\"_blank\" rel=\"noreferrer noopener\">argues<\/a> Kennedy&rsquo;s petition should be tossed because of &ldquo;irregularities&rdquo; with signatures and allegations Kennedy falsified his address.<\/p>\n<p>The push in Pennsylvania comes just eight years after <a href=\"https:\/\/ballotpedia.org\/Presidential_election_in_Pennsylvania,_2016\" target=\"_blank\" rel=\"noreferrer noopener\">Hillary Clinton<\/a> lost the state by roughly 44,000 votes while Green Party candidate Jill Stein received roughly 50,000 votes.<\/p>\n<p>During the 2016 election in Wisconsin, Stein won 30,000 votes in the state that Trump won by just 22,000 votes. As The Federalist&rsquo;s Editor-in-Chief Mollie Hemingway explained in her bestseller <em>Rigged<\/em>, &ldquo;Many Democrats blamed [Stein] for the Clinton loss, since she had won more votes than Clinton&rsquo;s margin of defeat in Michigan, Wisconsin, and Pennsylvania.&rdquo;<\/p>\n<p>But Democrats&rsquo; wizened up in 2020, with Wisconsin Democrats working to keep third-party candidates like Green Party nominee Howie Hawkins off the ballot &ldquo;despite filling nearly twice the number of signatures necessary to appear on the ballot,&rdquo; Hemingway explained. Similar to the challenges Kennedy faces now, a &ldquo;Democratic donor and activist named Allen Arnsten had lodged a complaint, without providing evidence, that the Green Party&rsquo;s vice presidential candidate may have listed an incorrect address on the party&rsquo;s nominating petition,&rdquo; Hemingway explained in <em>Rigged.<\/em><\/p>\n<p>A similar effort occurred in the Keystone State, with Democrats &mdash; after losing in the Commonwealth Court &mdash; appealing to the left-leaning state Supreme Court to kick Hawkins and his running mate, Angela Walker, off the ballot. Democrats successfully argued before the state&rsquo;s Supreme Court that Walker, as explained by Hemingway, &ldquo;faxed a copy of her affidavit without a cover letter and hand&rsquo;t followed up to ensure it was received.&rdquo;<\/p>\n<p>&ldquo;The final margin in Pennsylvania in 2020 was just over eighty thousands votes,&rdquo; Hemingway wrote in <em>Rigged.<\/em> &ldquo;Keeping the leftist party that received fifty thousand votes three years prior off the ballot was a huge victory for Biden.&rdquo;<\/p>\n<p>Democrats are willing to do whatever it takes to prevent Kennedy from acting as a Stein-like spoiler in key states, though they have been unsuccessful in their efforts in states like <a href=\"https:\/\/newjerseymonitor.com\/2024\/07\/29\/judge-wont-remove-rfk-jr-from-november-ballot\/\" target=\"_blank\" rel=\"noreferrer noopener\">New Jersey<\/a>, <a href=\"https:\/\/www.kennedy24.com\/kennedy_defeats_swing_state_dnc_challenge_north_carolina_ballot\" target=\"_blank\" rel=\"noreferrer noopener\">North Carolina<\/a>, <a href=\"https:\/\/www.kennedy24.com\/kennedy_campaign_wins_major_concession_utah_ballot_access_lawsuit\" target=\"_blank\" rel=\"noreferrer noopener\">Utah<\/a>, <a href=\"https:\/\/www.kennedy24.com\/kennedy_campaign_wins_dnc_ballot_access_challenge\" target=\"_blank\" rel=\"noreferrer noopener\">Hawaii<\/a> and <a href=\"https:\/\/www.kennedy24.com\/kennedy_signatures_nevada\" target=\"_blank\" rel=\"noreferrer noopener\">Idaho<\/a>.<\/p>\n<hr>\n<p>      Brianna Lyman is an elections correspondent at The Federalist. Brianna graduated from Fordham University with a degree in International Political Economy. Her work has been featured on Newsmax, Fox News, Fox Business and RealClearPolitics. Follow Brianna on X: @briannalyman2<\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A Democratic judge in New York ruled on Monday to exclude independent presidential candidate Robert F. Kennedy Jr. from the state&#8217;s ballot, as part of ongoing efforts by the left to hinder his potential impact on Vice President Kamala Harris&#8217; electoral prospects. Judge Christina Ryba&#8217;s 34-page ruling declared that the residence Kennedy claims to rent in Katonah, New York, is not a legitimate home but rather a &#8220;sham&#8221; address created solely for maintaining his voter registration and supporting his presidential campaign. Kennedy argues that he has considered New York his primary residence since 1964, paying state taxes and holding a New York driver&#8217;s license.<\/p>\n<p>Ryba contends that Kennedy&#8217;s actual primary residence is in California and points out a &#8220;long-standing pattern&#8221; of him using friends&#8217; and family members&#8217; addresses for voter registration purposes in New York. She stated that labeling the Croton Lake Road address as his &#8220;place of residence&#8221; was misleading, warranting the invalidation of his petition.<\/p>\n<p>If it is determined that California is indeed Kennedy&#8217;s primary residence, winning electoral votes there would be impossible due to the 12th Amendment prohibiting candidates from receiving votes if both are from the same state; this applies to his running mate Nicole Shannahan.<\/p>\n<p>Kennedy announced plans to appeal this decision, criticizing Democrats for employing legal tactics against political rivals\u2014echoing their previous unsuccessful attempts to remove former President Donald Trump from ballots across various states. He accused Democrats of undermining democracy by trying to limit voters\u2019 choices: \u201cWe will appeal and we will win,\u201d he asserted.<\/p>\n<p>Kennedy further claimed this case undermines New Yorkers who signed petitions in record numbers for him to appear on their ballot, accusing the Democratic National Committee (DNC) of resorting to legal maneuvers instead of upholding democratic processes.<\/p>\n<p>The Clear Choice Action PAC\u2014aligned with Democrats\u2014is also working towards removing Kennedy from ballots in key battleground states like Pennsylvania and Illinois. In Pennsylvania specifically, they argue against Kennedy\u2019s petition based on alleged signature irregularities and claims he misrepresented his address.<\/p>\n<p>This effort comes after Hillary Clinton lost Pennsylvania by about 44,000 votes eight years ago while Green Party candidate Jill Stein garnered around 50,000 votes\u2014a situation many Democrats blamed for Clinton\u2019s defeat since Stein\u2019s vote count exceeded her margin of loss in Michigan, Wisconsin, and Pennsylvania during the 2016 election cycle.<\/p>\n<p>In response to past experiences where third-party candidates affected election outcomes negatively for them\u2014like Jill Stein did\u2014Democrats have become more proactive about keeping such candidates off ballots; they previously succeeded against Green Party nominee Howie Hawkins in Wisconsin despite significant support signatures being collected.<\/p>\n<p>Overall, Democrats are determined not only to prevent Robert F. Kennedy Jr.&#8217;s candidacy but also any similar spoilers who could disrupt their chances again as seen with past elections<\/p>\n","protected":false},"author":74,"featured_media":2323832,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/08\/53513232282_462667d70b_k-e1723561265699.jpg","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[3685,16727,32458],"class_list":["post-2323831","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-democrats","tag-lawfare","tag-rfk-jr"],"fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/08\/53513232282_462667d70b_k-e1723561265699.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2323831","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/74"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2323831"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2323831\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2323832"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2323831"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2323831"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2323831"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}