New Jersey Democrats are trying to remove Robert F. Kennedy, Jr. from the state’s ballot after he dropped his independent presidential bid last week and endorsed Republican Donald Trump.
Raj Parikh, the counsel to the Democratic State Committee, said in a letter to Secretary of State Tahesha Way that while Kennedy had taken steps to withdraw from the race in several states, including Pennsylvania and Arizona, “his failure to do so in our State would undermine the principles of electoral fairness and integrity.”
“Candidates cannot and should not be permitted to strategically drop out of races in certain states while maintaining their candidacy in others, as this would potentially confer an unfair electoral advantage or create confusion among voters regarding the candidate’s actual intent,” said Parikh.
The election lawyer said that inconsistencies like Kennedy picking and choosing where he’ll stay and where he’ll drop could “lead to voter confusion and potentially disenfranchise voters.”
“Allowing a candidate who has in effect withdrawn their certificate of acceptance to remain on the ballot serves no legitimate public interest and risks undermining the orderly conduct of elections,” Parikh stated. “It is essential that election ballots reflect those candidates who are actually pursuing office so as to avoid misrepresentation and ensure the electorate has a fair choice, and cause unnecessary confusion.”
In his letter, Parikh reminded Way that the Elections Clause of the U.S. Constitution empowers state officials to make a final determination over candidate eligibility in presidential elections.
Parikh provided Way with Kennedy’s sworn affidavit to the Arizona Secretary of State where he affirmed that he “will not seek, hold, or accept election or appointment to the office of President.”
“Given this clear and unequivocal statement of intent under oath, RFK Jr.’s withdrawal from the presidential race should apply uniformly across all states, including New Jersey,” he said. “Because he has stated under oath that he will not seek, hold, or accept election to the office of President, he is no longer qualified to appear on the General Election ballot in New Jersey.”
Democrats want Way “at a minimum” to order the Division of Elections to “issue a notice to show cause, compelling RFK Jr.’s campaign to appear and confirm whether he intends to continue pursuing his candidacy in New Jersey.”
“Given that RFK Jr. has already demonstrated an intent to withdraw in multiple states, we believe that such a proceeding would swiftly resolve any ambiguity,” said Parikh.
The Secretary of State’s office told the New Jersey Globe on Tuesday that Kennedy had not asked to withdraw from the New Jersey ballot.