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Ruling that bounced Kennedy from New York ballot could challenge him in other states

ALBANY, N.Y. (AP) 鈥 Robert F. Kennedy Jr.
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FILE - Independent presidential candidate Robert F. Kennedy Jr., center right, leaves the Albany County Courthouse, Aug. 6, 2024, in Albany, N.Y. (AP Photo/Hans Pennink, File)

ALBANY, N.Y. (AP) 鈥 Robert F. Kennedy Jr.鈥檚 independent presidential campaign suffered a blow this week when a judge in New York invalidated his petition to put his name on the state ballot, a ruling that could potentially create problems for the candidate as he faces challenges elsewhere.

Kennedy's attorneys filed an appeal Wednesday to a ruling this week from Justice Christina Ryba, who said the residence listed on his nominating petitions was a 鈥渟ham鈥 address he used to maintain his voter registration and to further his political aspirations. The judge ruled in favor of the challengers, who argued Kennedy鈥檚 actual residence was the home in Los Angeles he shares with his wife, the 鈥淐urb Your Enthusiasm鈥 actor Cheryl Hines.

New York is just one of more than a half-dozen states where challenges have been made to Kennedy's petitions from Democrats and their allies. Some of the challenges allege he falsely listed the same New York address that was the subject of litigation in that state, or that there were problems with petition signatures.

In Pennsylvania, challengers contend that papers filed by Kennedy list an incorrect address in New York and that he and his running mate demonstrated 鈥渁t best, a fundamental disregard鈥 of state law and the process by which signatures are gathered. An attorney for Kennedy said the challenge contained specious allegations. A next Tuesday in Harrisburg.

Kennedy's campaign says it has collected enough signatures for ballot access in all 50 states and that it is officially on the ballot in 17 states.

His candidacy has at various times drawn concerns from both Democrats and Republicans who think he could siphon votes from their candidates.

National Democrats in particular have been active in trying to undercut his candidacy, while former President Donald Trump, the Republican nominee, has alternated between criticizing Kennedy as liberal and courting his endorsement or the backing of some of his supporters.

Here鈥檚 a look at what is happening in New York, what it might mean and other ballot access challenges Kennedy faces.

What happened in New York? What's next?

The ruling Monday followed a short trial in state court over whether Kennedy falsely listed a New York residence on his state nominating petitions.

The candidate listed a residence in the well-off suburb of Katonah, where he said he rents a bedroom in a friend鈥檚 house. Kennedy testified that he moved to California a decade ago so he could be with his wife, and that he always planned to return to New York, where he is registered to vote.

The lawsuit bought by several voters and backed by Democrat-aligned Clear Choice Action claimed Kennedy鈥檚 actual residence is in Los Angeles.

Days after the non-jury trial ended, Ryba ruled that using 鈥渁 friend鈥檚 address for political and voting purposes, while barely stepping foot on the premises, does not equate to residency under the Election Law.鈥

In announcing the appeal Wednesday, the environmental lawyer and scion of a famous political family said the current Democratic Party was unrecognizable to him.

鈥淭he party of my father and uncle鈥檚 time was committed to expanding voters鈥 rights and understood that competition at the ballot box is an essential part of American Democracy,鈥 he said in a statement.

Kennedy's legal team also promised to seek injunctive relief in federal court in New York City. His campaign claims the 12th Amendment to the U.S. Constitution guarantees qualified adults to the right to run for president, and that protection applies even for those needing to spend time working in a state other than the one in which they are registered but intending to return.

If upheld, will the New York decision affect challenges in other states?

Experts say officials in other states might pay attention to the ultimate ruling from New York courts about Kennedy's residency.

The U.S. Constitution gives broad authority to individual states to oversee elections, said Keith Gaddie, a political science professor at Texas Christian University. He said many states have laws that outline strict signature-gathering details or other requirements for candidates to get on the ballot as an independent.

鈥淭he question is whether or not in other states where they have similar criteria (as New York), it could be used to disqualify RFK Jr. from the ballot,鈥 Gaddie said. 鈥淚t may not happen everywhere, but it will happen somewhere else.鈥

Speaking to reporters after court in Albany last week, Kennedy acknowledged that a loss in New York could lead to lawsuits in other states.

Clear Choice Action said Kennedy has listed the same New York address on nominating petitions in 17 other states.

鈥淚t鈥檚 up to each state to determine whether Mr. Kennedy violated their laws and statutes by providing a false residence and deceiving voters,鈥 Clear Choice Action founder Pete Kavanaugh said in a prepared statement.

Richard Winger, the editor of Ballot Access News and an activist who supports ballot access for minor parties, said while some state-level challenges to Kennedy鈥檚 candidacy already have focused on the issue of his address, he doubted that new challenges will emerge because of the New York ruling.

鈥淚 don鈥檛 think they can just all of a sudden willy nilly change the basis of their objection,鈥 he said. 鈥淚 think generally it鈥檚 too late."

He also doubted other laws in other states 鈥渕ake such a big deal鈥 out of a candidate's address.

Where else has Kennedy been challenged?

Winger said there have been challenges to Kennedy鈥檚 candidacy in states including Hawaii, Nebraska, New Jersey and Washington based on a variety of claims, such as problems with his address and the signatures needed to qualify him for the ballot.

The Democratic National Committee is backing challenges to Kennedy鈥檚 petitions in Nevada, Delaware and Georgia, according to a spokesperson. The committee is backing a separate lawsuit in New York.

on challenges to ballot petitions filed by Kennedy and other-third party and independent candidates. Among other things, Democrats allege that Kennedy鈥檚 petitions are invalid because they are wrongly or incompletely filled out. The Kennedy campaign disputes those claims.

Outside of New York, Clear Choice Action is backing challenges to Kennedy's petitions in Illinois, Pennsylvania and Texas. In Texas, an attorney for the group told state officials Kennedy's listed New York address doesn't comply with state election laws and that his candidacy should be invalidated.

Murphy contributed from Oklahoma City. Also contributing were Associated Press writers Mark Scolforo, Jeff Amy and Nomaan Merchant.

Michael Hill And Sean Murphy, The Associated Press

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