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RFK Jr. allowed onto NJ ballot after legal challenge, judge rules

RFK Jr. allowed onto NJ ballot after legal challenge, judge rules


This article was originally published on NY Post - US-News. You can read the original article HERE

A New Jersey judge cleared the way for Independent presidential candidate Robert F. Kennedy Jr. to get onto the state’s ballot — rejecting an attorney’s challenge against his name appearing next to the Democratic and Republican challengers.

Administrative Law Judge Ernest Bongiovanni determined that the Kennedy scion did not violate the state’s Sore Loser Law, which was the argument of the legal challenge. The law restricts candidates from general election ballot access by running as an Independent after losing a party’s primary.

Bongiovanni ruled that Kennedy did not put forth a nomination petition during the Democratic presidential battle and therefore did not flout the law.

Now Secretary of State Tahesha Way will make a final decision about his ballot access request, which has been pending for several weeks.

The Kennedy scion must now get approval from the New Jersey Secretary of State’s office to land on the state’s ballot. Shutterstock for Consensus

The ruling comes after election attorney Scott Salmon filed a suit in June seeking to block Kennedy from getting ballot access, citing his stint in the Democratic presidential primary.

But the judge said the law doesn’t apply as Salmon suggested in his challenge.

“[Salmon’s] interpretation of the sore loser law is overbroad and would require clear evidence to determine that the speeches, raising of campaign funds, and publishing of press releases—all activities conducted nationwide and not for the specific benefit of New Jersey Democratic primary election votes—established respondents as primary elections candidates in New Jersey,” Bongiovanni said, per the New Jersey Globe.

Salmon claimed to have pursued the lawsuit with his own money and argued that Kennedy was attempting to “gaslight” the court about his bid in the Democratic primary.

He further argued that a ruling in Kennedy’s favor would sew confusion for future candidates who might find themselves questioning whether or not they can drop out of a primary and mount an Independent bid.

Election lawyer Salmon Scott sought to prevent RFK Jr. from getting onto the state’s ballot. JMS Lawyers

Kennedy had launched his bid for the Democratic nomination in April of last year and then switched to an Independent run last October.

Polls had shown him trailing President Biden dramatically around the time of his switcharoo.

Throughout his campaign, Kennedy faced accusations from political strategists on both sides of the aisle that he would function as a spoiler in the presidential race.

Robert F. Kennedy recently made headlines for revelations he dragged a dead bear into Central Park back in 2014. REUTERS

The presidential hopeful has been scrambling to navigate the labyrinth of state rules needed to obtain ballot access.

So far, he has access to at least 17 state ballots, and has petitions processing in at least 14 others, according to Politico’s tracker. Kennedy also has signature-gathering bids unfolding in the remaining states.

The Post contacted the Kennedy campaign for comment.

Since Biden’s abrupt exit from the race on July 21, Kennedy appears to have lost some ground. Prior to the withdrawal, the Real Clear Politics aggregate had him at 8.7%, Biden at 39.2%, and former President Donald Trump at 43.4%.

Now, Kennedy has slipped to 5.4% in presidential polls compared to Trump’s 44.7% and Vice President Kamala Harris’ 45.3% support in the latest RCP aggregate of a five-way national race.

New Jersey is known for a handful of laws and policies that help protect political parties. This election cycle, Democrats opted to ditch the so-called “County Line” — a huge advantage that party bosses in municipalities bunch their preferred candidates together on the ballot.

This article was originally published by NY Post - US-News. We only curate news from sources that align with the core values of our intended conservative audience. If you like the news you read here we encourage you to utilize the original sources for even more great news and opinions you can trust!

Read Original Article HERE



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