RFK Jr. to sue Nevada over ballot access
Robert F. Kennedy Jr. is facing a legal battle as he prepares to file a lawsuit against the Nevada Secretary of State’s office. This revelation comes nearly two months after discovering that his campaign would need to restart the signature gathering process in the Silver State.
Back in early March, the campaign proudly declared that they had amassed more than 15,000 signatures in Nevada. Unfortunately, before Kennedy had a chance to name a running mate, a crucial requirement under state law to kick off the petition process for independent candidates, they hit a roadblock.
In a surprising turn of events, the Nevada Secretary of State’s Office admitted in late March that a staff member had incorrectly advised the campaign that they didn’t need to select a vice-presidential candidate on the petition. However, in a statement provided to CBS News, Nevada Secretary of State Cisco Aguilar made it clear that his office is ready to face Kennedy in court, as his campaign had received guidance that was in line with the statutes.
“Nevada has a long history of independent and third-party candidates running for office. Each of those candidates managed to secure ballot access by following the law. We await Mr. Kennedy’s team in court,” Aguilar stated.
With slightly over a month left to gather new signatures, time is ticking for the campaign. Pursuing litigation and potentially losing the case could mean that they won’t have sufficient time to start anew in Nevada.
Fast forward to May 23, a settlement letter was penned by Paul Rossi, the lead ballot access attorney for the Kennedy campaign. In the letter, he cautioned the secretary of state’s office that Kennedy was on the brink of filing a lawsuit unless they agree to settle with the campaign. Rossi proposed a resolution where the office validates the signatures in exchange for dropping any charges and avoiding litigation expenses.
Rossi also suggested publishing Nicole Shanahan’s name in newspapers across the state to rectify the absence of RFK Jr.’s running mate on the petition. Furthermore, individuals who had signed Kennedy’s petition could retract their support if desired, according to Rossi’s proposal.
A similar incident dates back to 2008 when the Las Vegas Convention and Visitors Authority submitted a petition to the secretary of state’s office for an education and infrastructure funding initiative. The office asserted that the petition was invalid due to a breach of state guidelines, a decision that was subsequently upheld by the Nevada Supreme Court.
Notably, Kennedy isn’t the sole independent candidate who learned of the daunting task of starting over in Nevada. Independent presidential candidate Cornel West submitted a fresh petition to the secretary of state’s office in April, coinciding with the unveiling of his running mate, Melina Abdullah – a California-based pan-African studies professor and the leader of the California chapter of Black Lives Matter.
“In early March, the Secretary of State’s office provided guidance to all independent presidential campaigns that had filed petitions for ballot access,” Aguilar emphasized in his statement to CBS News. “This guidance spotlighted the essential statutory requirements for petitions to be considered valid. While some campaigns took the proactive step to resubmit petitions, others did not.”
Prior to the settlement letter, the secretary of state’s office confirmed that there had been no communication from the campaign since March when a memo was initially dispatched for ballot access guidance.
In a twist of events, Kennedy’s campaign lodged a complaint with the Federal Election Commission just a day earlier. The complaint accuses CNN, President Biden, former President Donald Trump, and their respective campaigns of breaching federal election law by excluding him from the upcoming June 27 presidential debate.
