Elections

Challenge In Court Seeks To Keep RFK Jr. Off PA Ballot

The challenge comes as the November gets closer.

By Mark Scolforo, The Associated Press

Robert F. Kennedy Jr. speaking in February 2024. Credit: Gage Skidmore/CC License

A legal challenge filed last Thursday seeks to have third-party presidential candidate Robert F. Kennedy Jr. kept off Pennsylvania’s fall ballot, an effort with ramifications for the hotly contested swing-state battle between Republican Donald Trump and Democrat Kamala Harris.

The petition argues the nominating papers filed by Kennedy and his running mate “demonstrate, at best, a fundamental disregard” of state law and the process by which signatures are gathered.

It claims Kennedy’s paperwork includes “numerous ineligible signatures and defects” and that documents are torn, taped over and contain “handwriting patterns and corrections suggestive that the indicated voters did not sign those sheets.”

Kennedy faces legal challenges over ballot access in several states.

Kennedy campaign lawyer Larry Otter said he was confident his client will end up on the Pennsylvania ballot.

The lawyer who filed the legal action, Otter said, “makes specious allegations and is obviously not familiar with the process of amending a circulator’s affidavit, which seems to be the gist of his complaint.”

It is unclear how Kennedy’s independent candidacy might affect the presidential race. He is a member of a renowned Democratic family and has drawn support from conservatives who agree with his positions against vaccination.

Pennsylvania’s 19 electoral votes and closely divided electorate put it at the center of the Nov. 5 presidential contest, now three months away. In 2016, Trump won Pennsylvania by 44,000 votes over Democrat Hillary Clinton, and four years later President Joe Biden beat Trump by 81,000 votes.

Two separate challenges were also filed in Pennsylvania last Thursday to the nominating papers for the Party for Socialism and Liberation presidential candidate Claudia De la Cruz, and an effort was filed seeking to have Constitution Party presidential candidate James N. Clymer kept of the state’s ballot as well.

One challenge to De la Cruz, her running mate and her party’s electors asks Commonwealth Court to invalidate the nomination papers, arguing that there are seven electors who “failed to disaffiliate” from the Democratic Party, a flaw in the paperwork the objectors say should make them ineligible.

A second challenge also raised that argument as well as claims there are ineligible signatures and other defects that make the nomination papers “fatally defective” and that the party did not submit a sufficient number of qualifying signatures.

Del la Cruz campaign Pennsylvania chairperson Stephanie Pavlick said in an emailed statement that hundreds of people spent months collecting nomination signatures, and the campaign “will be defending the validity of everything we submitted.”

Pavlick said Democrats “are afraid of competing with a socialist campaign that isn’t afraid to call for radical solutions to the dire crises facing working people.”

The challenge to Clymer potentially appearing on the ballot claims he and his running mate should be disqualified because of an alleged failure to include required candidate affidavits. Messages seeking comment were left last Thursday for party chairman Bob Goodrich.

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