Robert F. Kennedy Jr. Set to File Lawsuit Against Nevada Over Ballot Access

Robert F. Kennedy Jr. is facing a legal battle as he seeks to secure ballot access in Nevada. His campaign, which had collected over 15,000 signatures in the state, was informed that it would need to restart the signature gathering process due to the absence of a running mate at the time of filing. Despite receiving incorrect guidance from the Nevada Secretary of State's Office, Kennedy is determined to pursue legal action to validate the signatures and avoid restarting the process.

In a statement, Nevada Secretary of State Cisco Aguilar acknowledged that a staffer had provided erroneous information to the campaign regarding the need for a vice-presidential pick on the petition. However, Aguilar asserted that the office had provided clear guidance, indicating that Kennedy's campaign had not followed the statutes correctly. With time running out to gather new signatures, Kennedy's legal team sent a settlement letter to the secretary of state's office, warning of an impending lawsuit if the signatures were not validated.

"We are prepared to face Kennedy in court, given that his campaign received guidance with the statutes made clear. Nevada has a rich history of independent and third-party candidates for office. Each of those candidates managed to attain ballot access by following the law. We look forward to seeing Mr. Kennedy's team in court," stated Aguilar.

Precedent and a Similar Case

Notably, a similar situation occurred in 2008, where a petition for ballot access was deemed invalid by the secretary of state's office due to a violation of state guidelines. This decision was subsequently upheld by the Nevada Supreme Court, highlighting the legal complexities surrounding ballot access in the state.

Kennedy is not alone in facing obstacles in Nevada, as independent presidential candidate Cornel West also had to resubmit a petition following the revelation of his running mate. Despite efforts by both candidates to adhere to state requirements, the process of securing ballot access has proven to be a significant challenge.

Response and Ongoing Dispute

The secretary of state's office defended its position, emphasizing that clear statutory requirements were communicated to all independent campaigns well in advance of the signature submission deadline. Furthermore, the office noted that while some campaigns took the opportunity to refile petitions, others did not, underscoring the varying responses to the guidance provided.

Amidst the dispute over ballot access, Kennedy's campaign lodged a complaint with the Federal Election Commission, alleging violations of federal election law by several parties, including CNN, President Biden, and former President Donald Trump, for their roles in excluding Kennedy from the upcoming presidential debate. This move adds another layer of complexity to the ongoing legal and political challenges faced by independent candidates.