Democrats seek to disqualify Kennedy and others from Georgia presidential ballots

ATLANTA– Challengers who want to throw Robert F. Kennedy Jr. from the Georgia ballot box in November, telling a judge that the independent presidential candidate should be disqualified because the New York address he used on Georgia ballot access petitions is a “sham.”

It shows how a decision of a New York court Last week, it was discovered that Kennedy does not live at the suburban New York City address that has been used to attack Kennedy’s access to the ballot in other states. The judge ruled that Kennedy should not be on New York’s ballots, but Kennedy plans to appeal.

In Georgia, opponents argue that Kennedy’s petitions should be invalidated because he used the New York address in petitions required to be elected as an independent candidate.

“The court found, by clear and convincing evidence, that the petitioners have shown that his residence in New York was a sham used for political purposes,” attorney Adam Sparks said after a hearing Monday in Atlanta. “He does not live there. He claimed that on every page of his petition here in Georgia. That is improper. It invalidates the petition, period.”

But a lawyer for Kennedy presented Michael Malihi, an administrative law judge, with Kennedy’s voting history as proof of his residency in New York.

“Mr. Kennedy has been a lifelong resident of New York State,” said attorney Larry Otter.

Otter said the challengers are wrongly attempting to impose additional qualifications on a presidential candidate beyond those in the U.S. Constitution: that a person must be at least 35 years old, born in the United States and have lived in the country for at least 14 years. Otter said recent court rulings support his position.

Sparks also challenged Kennedy’s status as an independent. He argued that because Kennedy is running for multiple parties in other states — including Kennedy’s own “We the People Party” — Kennedy does not qualify as an independent under Georgia law.

“They are circumventing the qualification requirements in Georgia by manipulating the system,” Sparks said.

Otter said the other parties have no presence in Georgia.

Democrats also battle for voting spots for independent candidates Cornel Westthe Green Party, which Jill Steinand Claudia De la Cruz of the Party for Socialism and Liberation.

While it is unlikely that any of these candidates will win Georgia’s 16 electoral votes, independent and third-party candidates could tip the balance of Georgia in favor of the Democratic vice president. Kamala HarrisJoe Biden won Georgia in 2020 by fewer than 12,000 votes.

Georgia counties have determined that Kennedy, West and De la Cruz must each collect at least 7,500 signatures to qualify. Stein hopes to new law of Georgia awarding a ballot to candidates of a party who have qualified in at least 20 other states.

Malihi heard two challenges to Kennedy on Monday, as well as a challenge to De la Cruz. He will hear challenges to West and the Green Party on Thursday. Malihi will deliver findings to Georgia Secretary of State Brad Raffensperger, who will make a final ruling. A decision must be made before Georgia sends out military and overseas ballots beginning Sept. 17.

Lawyers for Democrats argue that each of De la Cruz’s and Kennedy’s 16 electors had to file a separate nomination petition. Lawyers for De la Cruz disputed that interpretation Monday, saying it is wrong to believe the campaign would need 120,000 signatures.

A lawyer for Democrats said the petitions contained illegal formatting errors and argued that the fact that Raffensperger’s office accepted them does not mean they are legally correct. De la Cruz’s lawyer said the judge should defer to the agency’s interpretation

Estevan Hernandez, a volunteer for De la Cruz in Georgia, criticized Democrats for challenging other candidates on technical arguments, calling it an “undemocratic maneuver.”

“A wealthy lawyer with the support of the Democratic Party is trying to ignore the clear intent of these 15,000+ people to get Claudia de La Cruz on the ballot,” Hernandez said after the hearing.

Georgia is one of more than a half-dozen states where Democrats and allies have criticized Kennedy’s petitions. Kennedy’s campaign says it has enough signatures for ballot access in all 50 states, but access is being challenged in Georgia and elsewhere.

In PennsylvaniaOpponents claim that Kennedy’s false address for nominating documents ignores state law. A lawyer for Kennedy said the challenge contained sanctimonious allegations. A the court will hold a hearing Tuesday.

Robert Wittenstein, a suburban Atlanta man who mounted one of the challenges to Kennedy, declined to say who paid for it. The other two challenges heard Monday were coordinated by the state Democratic Party.

Clear Choice Action, a Democratic-leaning political action committee, is supporting the lawsuits in New York and several other states.

“The truth is, I think people should follow the rules, and that’s important,” Wittenstein said after the hearing.