RFK Jr. disqualified from New York ballot, used 'sham' address for residency, judge rules

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My challenge is to persuade Americans I can win: RFK, Jr.

 Independent presidential candidate Robert F. Kennedy, Jr. shares how his campaign is impacting other candidates on ‘Your World.’

Independent candidate Robert F. Kennedy Jr.’s longshot bid for president has become even more unlikely after a judge ruled on Monday that his name should not appear on New York’s ballot after he falsely claimed a residence in the state on nominating petitions, despite living in California.

New York Justice Christina L. Ryba concluded in a 34-page decision that the rented bedroom Kennedy, 70, claimed as his residence in the state wasn’t a "bona fide and legitimate residence, but merely a ‘sham’ address that he assumed for the purpose of maintaining his voter registration" and furthering his political candidacy.

Ryba wrote in the decision that Kennedy’s designation of 84 Croton Lake Road in Westchester County as his place of residence "was a false statement requiring invalidation of the petition."

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Robert F. Kennedy Jr.’s longshot bid for president has become even more unlikely after a judge ruled that his name should not appear on New York’s ballot, declaring he is not a resident there. (Lev Radin/Pacific Press/LightRocket via Getty Images)

"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," the judge 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."

If the judge’s decision is upheld, it would keep Kennedy off the ballot in New York but could also lead to challenges in other states where he used an address in New York City’s suburbs to gather signatures. On Friday, Kennedy told Fox News' Neil Cavuto that he had enough signatures to appear on the ballot in all 50 states.

The scion of the famed Democratic political dynasty vowed to appeal, dismissing the ruling as partisan. The lawsuit was backed by Clear Choice Action, a Democrat-aligned political action committee on behalf of several voters in the state.

"The Democrats are showing contempt for democracy," Kennedy said in a statement, noting the ruling judge is a Democrat. "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," Kennedy wrote on X." The DNC has become a party that uses lawfare in place of the democratic election process."

Barbara Moss, who rents the room to Kennedy, testified that he pays her $500 a month but she acknowledged there is no written lease and that Kennedy’s first payment wasn’t made until after the New York Post published a story casting doubt on Kennedy’s claim that he lived at that address.

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Democratic presidential candidate Robert F. Kennedy Jr. speaking at the libertarian FreedomFest conference in Memphis, Tennessee on July 15, 2023.  (Joseph A. Wulfsohn/Fox News Digital)

The judge wrote it was "highly improbable, if not preposterous" that Kennedy may return to that bedroom to reside with his wife, family members, multiple pets, and all of his personal belongings to be," the judge wrote.

Ryba said evidence submitted in trial showed Kennedy had a "long-standing pattern" of borrowing addresses from friends and relatives so he could maintain his voter registration in New York state while actually residing in California, where he has a home with his wife, actor Cheryl Hines.

A survey conducted by Ipsos this week found Kennedy is polling around 5% among voters in seven swing states: Michigan, Pennsylvania, Wisconsin, Georgia, North Carolina, Arizona and Nevada.

Clear Choice Action said the ruling shows Kennedy intentionally misled election officials and betrayed voters’ trust.

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The last substantive independent bid for president was launched in 1992 by populist Texas industrialist Ross Perot. (Robert Daemmrich Photography Inc/Sygma via Getty Images))

"The Kennedy team will undoubtedly file desperate lawsuit after desperate lawsuit in the coming days and weeks; they will fail, and it will not change the simple truth: he lied, and he’s being held accountable," the organization said.

The last substantive independent bid for president was launched in 1992 by populist Texas industrialist Ross Perot, whose strong showing led critics to claim his closer proximity ideologically to losing incumbent President George H.W. Bush led to former Arkansas Democratic Gov. Bill Clinton's upset win.

Segregationist former Alabama Democratic Gov. George Wallace, running as an American Independent in 1968, and Republican-turned-Progressive ex-President Theodore Roosevelt in 1912 round out the last trio of substantive third-party candidates in the modern era.

Fox News’ Charles Creitz and the Associated Press contributed to this report.