Case That Could Sink Campaign

The Court Case That Could Sink RFK Jr.’s Campaign

If a challenge to his residency in New York State succeeds, it could lead to other big problems for Kennedy.

David Corn

This week in an Albany, New York courtroom, Robert F. Kennedy Jr. is fighting a legal challenge that has the potential to sink much of his independent presidential campaign. The dispute is over where he calls home.

In a lawsuit that was engineered by Clear Choice PAC, a super PAC formed earlier this year by political allies of President Joseph Biden to combat independent candidates or third-party efforts that could threaten the Democratic ticket, several New York State voters challenged Kennedy’s position on the state’s presidential ballot, contending that he falsely stated his residence on the nominating petitions he filed to obtain ballot access. They argue that this renders his petitions invalid and that he ought to be tossed from the ballot. (The original complaint also challenged signatures on Kennedy’s petitions, but that matter has been put to the side.)

Being kicked off the Empire State’s ballot would be embarrassing for Kennedy but not likely to affect the overall presidential race. Vice President Kamala Harris is expected to win the heavily Democratic state. But strategists for Clear Choice PAC say they have identified about 18 states where Kennedy is on the ballot and could be vulnerable to similar challenges if he loses the New York case. This collection of states includes most of the swing states, where Kennedy could impact the ultimate outcome by drawing votes from Harris or GOP nominee Donald Trump. (In some states, if Kennedy loses this case, he would likely be allowed to correct his filings.)

The key issue is simple and involves a private room in a one-family house in bucolic Katonah, New York.

The house is owned by the wife of an old friend of Kennedy. RFK Jr. claims this room is his official residence and has listed it on his ballot petitions in New York and in ballot filings in other states. The petitioners contend that this is a ruse and that he has been living in California for years with his wife Cheryl Hines, the actor best known for co-starring with Larry David in HBO’s Curb Your Enthusiasm.

Each side has submitted court filings arguing its case. In an affidavit, Kennedy insists that “at the very marrow of my being” he is a New Yorker. He notes that he is registered to vote at this Katonah address, that his car is registered there, and that he pays New York State income taxes. He adds that he maintains falconry, fishing, and hunting licenses at this address. “My life, my passions, the years I spent raising my family, my career and my political contacts, and my orientation have been and are ever in my home state of New York,” says Kennedy, who for years was an environmental lawyer who worked in the state (before becoming an antivax crusader and conspiracy theory promoter).

Kennedy acknowledges that since his 2014 marriage to Hines, he has lived with her in a series of homes in California, including houses in Malibu and a tony canyon in Brentwood. His affidavit includes a hard-to-believe claim: “My agreement with my wife, Cheryl Hines, to temporarily join her in the state of California, was that we would both return to the state of New York upon her retirement. We will return to my current residence at 84 Croton Lake Road, Katonah, New York.” The pair really will leave their luxurious $7 million Los Angeles home to reside in what Kennedy calls a “private room” in his friend’s house?

The petitioners maintain that Kennedy is pulling a fast one and that he essentially moved to California when he went LA with Hines. “Kennedy acknowledged his true residence in California when he purchased property,” their initial complaint says. It points to a letter he wrote when he resigned as an officer of Riverkeeper, an environmental group based in New York, and wrote the group, “As you know, I now live on the west coast and the weekly commute has been hard on my family to say nothing of my carbon footprint.”

The petitioners list instances when Kennedy in media interviews referred to California as his “home.” And they note that when he filed his candidacy statement with the Federal Elections Commission, he used his California address. Moreover, they point out that the Katonah home is in foreclosure, and they cite a New York Post article that reported that neighbors were unaware of Kennedy’s residence in this house and had never seen him.

There’s another wrinkle: Under the Constitution, if a presidential and vice presidential candidate are from the same state, they cannot claim that state’s Electoral College votes. It seems unlikely that Kennedy can win in California, Harris’ home state. But given that his running mate, Silicon Valley millionaire (or billionaire) Nicole Shanahan, is a Californian, RFK Jr. could encounter a problem should he surge to an improbable victory in the Golden State.

The legal filings of each side are filled with technical arguments regarding residency, and it’s tough to predict the outcome. Whichever side loses the case will likely appeal. The court proceedings are expected to end this week, and there’s already a date scheduled for an appeals court trial. With ballots soon to be printed in New York and other states, there is not much time to resolve the matter. And if Clear Choice PAC obtains the ruling it seeks, it will have to move quickly to mount challenges in other states.

On Monday, the Kennedy campaign released this statement about the case:

Independent Presidential Candidate Robert F. Kennedy Jr. will testify this week at the Albany County Supreme Court where campaign attorneys expect to prove that 1) Kennedy has had a residence in New York for decades; 2) that any attempt by New York to restrict candidates beyond the U.S. Constitutional standard of residence being the state to which you intend to return would be unconstitutional; and 3) that the nominating petition cannot be struck because Kennedy, relying on advice of counsel, in good faith listed his New York residence on his nominating petitions.

The Kennedy campaign said it is officially on the ballot in 13 states (including Michigan, Minnesota, and North Carolina), has submitted signatures in 19 states, and has collected enough signatures for ballot access in 10 other states.

The Clear Choice PAC was organized when polls suggested that RFK Jr. might draw more votes from Biden than Trump—though the picture was far from clear. More recent surveys have indicated that he now might be more a magnet for Trump-leaners than possible Harris voters. Yet Clear Choice is still rigorously pursuing the New York challenge and preparing to move forward in other states if it wins in Albany.

One strategist familiar with the PAC’s efforts notes that it may not be until late September that Kennedy’s impact on the race can be accurately estimated. But, this person adds, if the Democrats’ strategy is to consolidate the anti-Trump electorate to prevent the former president’s return to the White House, their best bet is a binary choice between Harris and Trump, with Kennedy and other independent or third-party candidates pushed to the side and considered non-factors.

One longtime Kennedy associate says that Kennedy, whose father was a senator representing New York, has never wanted to give up his ties to the state, perhaps because he might run for office there. It would be quite the turn of events if that desire caused his removal from the ballot in New York and, worse for his campaign, in other states.