Judge rules against RFK Jr. in fight to be on New York ballot, says he falsely claimed residence

ALBANY, N.Y. —  A judge has ruled that independent presidential candidate Robert F. Kennedy Jr.’s name should not appear on New York’s ballot, ruling that he falsely claimed a New York residence on nominating petitions despite living in California.

The scion of the famed Democratic political dynasty vowed to appeal, dismissing the ruling as partisan. If the judge’s decision is upheld, it would not only keep Kennedy off the ballot in New York but could lead to challenges in other states where he used an address in New York City’s suburbs to gather signatures.

“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.”

The ruling came after a North Carolina judge decided earlier Monday that Kennedy can remain on that state’s ballot following a separate challenge on different grounds.

In New York, Judge Christina Ryba said the bedroom Kennedy claimed as his home in the state wasn’t a “bona fide and legitimate residence, but a ‘sham’ address that he assumed for the purpose of maintaining his voter registration” and furthering his political candidacy.

“Given the size and appearance of the spare bedroom as shown in the photographs admitted into evidence, the Court finds Kennedy’s testimony that he may return to that bedroom to reside with his wife, family members, multiple pets, and all of his personal belongings to be highly improbable, if not preposterous,” the judge wrote in the Monday ruling.

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.

“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.”

Clear Choice Action, which supported the legal challenge, said the Monday ruling makes it clear that Kennedy “lied about his residency and provided a false address on his filing papers and candidate petitions in New York, intentionally misleading election officials and betraying voters’ trust.”

The lawsuit backed by the Democratic-aligned political action committee says Kennedy’s state nominating petition falsely listed a residence in well-to-do Katonah though he had lived in the Los Angeles area since 2014, when he married “Curb Your Enthusiasm” actor Cheryl Hines.

Kennedy testified that he has lifelong ties to New York and intends to move back. He said he rents a room in a friend’s home in Katonah, about 40 miles north of midtown Manhattan. Kennedy testified that he has slept in that room only once due to his constant campaign travel.

The 70-year-old candidate testified that his move to California a decade ago was so he could be with his wife and that he always planned to return to New York.

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

The judge also heard from a longtime friend of Kennedy’s who said the candidate had regularly been an overnight guest at his own Westchester home from 2014 through 2017, but was not a tenant there as Kennedy had claimed.

Attorneys representing several New York voters grilled Kennedy in often heated exchanges as they sought to make their case, pointing to government documents including a federal statement of candidacy with a California address, and even a social media video in which Kennedy talks about training ravens at his Los Angeles home.

Kennedy has the potential to do better than any independent presidential candidate in decades thanks to his famous name and a loyal base. Democrat and Republican strategists have expressed concerns that he could affect their candidate’s chances.

Kennedy’s campaign has said he has enough signatures to qualify in a majority of states, but his ballot drive has faced challenges and lawsuits in several, including North Carolina and New Jersey.

Clear Choice filed the New York suit on behalf of several voters in the state.

Kennedy told reporters last week that getting knocked off the ballot in New York could lead to lawsuits in other states where his campaign listed the same address.

After the trial ended Thursday, Kennedy argued that people who signed his petitions deserve a chance to vote for him.

“Those Americans want to see me on the ballot. They want to have a choice,” he said.

Associated Press writer Hill reported from Albany, Marcelo from East Meadow, N.Y. AP writer Michael Sisak contributed to this report.