ALBANY, N.Y. (AP) 鈥� A judge ruled Monday that independent presidential candidate Robert F. Kennedy Jr.鈥檚 name should not appear on New York鈥檚 ballot, ruling that he falsely claimed a New York residence on nominating petitions despite living in California.
Kennedy鈥檚 lawyers on Monday vowed to appeal ahead of the Aug. 15 deadline. If the judge's ruling is upheld, it would not only keep Kennedy off the ballot in New York but could also lead to challenges in other states where he used an address in New York City鈥檚 suburbs to gather signatures.
Judge Christina Ryba, in her 34-page decision, said the bedroom Kennedy claimed as his home in the state wasn't a 鈥渂ona fide and legitimate residence, but merely a 鈥榮ham鈥� address that he assumed for the purpose of maintaining his voter registration" and furthering his political candidacy.
鈥淕iven the size and appearance of the spare bedroom as shown in the photographs admitted into evidence, the Court finds Kennedy鈥檚 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.
Ryba said evidence submitted in trial showed Kennedy had a 鈥渓ong-standing pattern鈥� of borrowing addresses from friends and relatives so he could maintain his voter registration in New York State while actually residing in California.
鈥淯sing a friend鈥檚 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.鈥�
Clear Choice Action, which supported the legal challenge, said the Monday ruling makes it clear that Kennedy 鈥渓ied 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鈥� trust.鈥�
The lawsuit backed by the Democrat-aligned political action committee claims Kennedy鈥檚 state nominating petition falsely listed a residence in well-to-do Katonah while actually living in the Los Angeles area since 2014, when he married 鈥淐urb Your Enthusiasm鈥� actor Cheryl Hines.
Kennedy argued during the trial that he has lifelong ties to New York and intends to move back.
During the trial, which ran for less than four days, Kennedy maintained that he began living in New York when he was 10 and that he currently rents a room in a friend鈥檚 home in Katonah, about 40 miles (65 kilometers) north of midtown Manhattan. However, Kennedy testified that he has only slept in that room 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, where he is registered to vote.
Barbara Moss, who rents the room to Kennedy, testified that he pays her $500 a month. But she acknowledged there is no written lease and that Kennedy鈥檚 first payment wasn鈥檛 made until after the New York Post casting doubt on Kennedy鈥檚 claim that he lived at that address.
The judge also heard from a longtime friend of Kennedy鈥檚 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 and a Both Democrat and Republican strategists have expressed concerns that he could affect their candidate鈥檚 chances.
Kennedy鈥檚 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 and .
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.
鈥淭hose Americans want to see me on the ballot. They want to have a choice,鈥� he said.
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Marcelo reported from East Meadow, N.Y. Associated Press writer Michael Sisak contributed to this report.
Michael Hill And Philip Marcelo, The Associated Press
