Independent presidential candidate Robert F. Kennedy Jr. got a legal win Wednesday in New Jersey over the state's "sore loser" law.
New Jersey Administrative Law Judge Ernest Bongiovanni ruled that Kennedy did not violate the state's "sore loser" law, which seeks to bar candidates from running as independents after previously running under a different party in a primary.
"Respondent did not attempt to seek the democratic primary nomination in New Jersey and thus cannot be considered a loser under (the law)," Judge Bongiovanni wrote in an ruling this week.
A petition seeking to bar Kennedy from the ballot in New Jersey was first filed by election lawyer Scott Salmon.
The case will now move to the New Jersey Secretary of State's office, which can use the judge's order to make a decision, either for or against allowing Kennedy to be on the 2024 presidential ballot in the state.
In 2020, Salmon first brought a similar petition against rapper Kanye West, as he possibly sought a run for the White House. However, West did not gain enough signatures to get on the ballot, ending his chances to run.
Salmon attempted to block Kennedy from appearing on the ballot as an independent, citing a state law that prohibits candidates who run for a major party nomination in a primary from running for the same office as an independent in the general election.
Salmon aimed to enforce this "sore loser" statute because Kennedy had initially filed with the Federal Election Commission in April 2023 to run as a Democrat, but later amended his filing in October to pursue an independent bid.
In response, Kennedy argued that Salmon's petition should be dismissed due to the fact that he is not a candidate for president, among other arguments.
Newsweek reached out to Kennedy's campaign via email for comment.
Kennedy is also facing a similar legal battle in New York, as he seeks to get on the presidential ballot there. Earlier this week Kennedy appeared in a court in Albany, to fight against a lawsuit that alleges he falsely claimed New York as his residence. According to state election law, the presiding judge will decide the case without a jury.
The lawsuit contends that Kennedy's nominating petition falsely claimed his residence was in New York City's northern suburbs while he has actually been living in Los Angeles since his 2014 marriage to Curb Your Enthusiasm star Cheryl Hines.
In a Monday statement, Kennedy's attorney, William F. Savino of Woods Oviatt Gilman, said: "The home at 84 Croton Lake Road in Katonah, New York, is Mr. Kennedy's official address."
fairness meter
To Rate This Article
About the writer
Matthew Impelli is a Newsweek staff writer based in New York. His focus is reporting social issues and crime. In ... Read more
