Supreme Court Sets Response Deadline for AG in Kennedy Ballot Battle

 September 23, 2024

A legal battle over Robert F. Kennedy Jr.'s presidential ballot status in New York has reached the nation's highest court, setting the stage for a critical decision.

Newsweek reported that the U.S. Supreme Court has given New York Attorney General Letitia James until Wednesday to respond to an emergency petition filed by Kennedy's campaign. The independent candidate is seeking to have his name restored to the New York presidential ballot after being disqualified due to a residency dispute.

Kennedy's legal team argues that New York judges erroneously removed him from the ballot, asserting that his supporters in the state had a constitutional right to vote for him. The case, assigned to Justice Sonia Sotomayor, highlights the ongoing complexities surrounding ballot access for independent and third-party candidates in the 2024 presidential race.

Kennedy's Legal Challenge And Ballot Status

Kennedy's name was removed from New York's ballot on September 7 following a judge's ruling against him in a dispute over his listed residence. The crux of Kennedy's argument is that his temporary residence in Katonah, New York, satisfies the state's requirements for ballot inclusion.

His attorneys contend that voters were not misled by his petition, which listed an address where he briefly stayed. They emphasize that the specific address on Kennedy's petition is irrelevant to voters and to New York's electoral process.

The campaign and the super PAC American Values 2024 argue that keeping Kennedy off the ballot would deprive New York voters of the opportunity to support their preferred candidate. This legal challenge marks the first time Kennedy's ballot access issues have reached the Supreme Court.

Impact On Presidential Race And Voter Choice

Kennedy's ballot status in New York and other states could have significant implications for the 2024 presidential election. While he has withdrawn from actively campaigning, his presence on various state ballots remains a point of contention.

After ending his campaign, Kennedy endorsed former President Donald Trump and has attempted to remove his name from ballots in key swing states. He successfully withdrew from ballots in states like Arizona and North Carolina but remains listed in Wisconsin, Michigan, and Nevada.

The presence of independent and third-party candidates on ballots could be a crucial factor in several battleground states. Recent history shows that four of the past six presidential elections have been decided by margins ranging from 5,700 to approximately 23,000 votes in these contested areas.

New York's Political Landscape And Polling Data

Although Trump is not expected to win New York, recent polls suggest he could receive more votes in the state than any Republican candidate in nearly four decades. Kennedy's presence on the ballot could potentially impact Trump's performance in the Empire State.

A Siena College poll conducted in early August showed that Trump had 39 percent support in a two-way race against Vice President Kamala Harris. When Kennedy and other third-party candidates were included as options, Trump's support decreased slightly to 37 percent, while Kennedy garnered 7 percent support.

These polling numbers underscore the potential influence that independent candidates like Kennedy could have on the overall electoral landscape, even in traditionally Democratic-leaning states like New York.

Conclusion

The U.S. Supreme Court has asked New York Attorney General Letitia James to respond to Robert F. Kennedy Jr.'s emergency request to restore his name on New York's presidential ballot. Kennedy argues that his brief stay in Katonah, New York, satisfies the state's residency rules, claiming that keeping him off the ballot denies voters their right to vote for him. While Kennedy has removed his name from ballots in several key states, he remains on others, and this case marks the first time it has reached the Supreme Court.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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