How RFK Jr.'s N.Y. ballot conflict could go to the Supreme Court, Campaign Corner

Good afternoon — it’s Tuesday and National Left Handers Day.

TUESDAY, AUGUST 13, 2024

TODAY’S CAPCON:

• There’s a path to the Supreme Court for independent presidential candidate Robert F. Kennedy’s ballot access conflict in New York.

• More than half of New York’s counties aren’t getting any revenue from cannabis sales.

• A woman the Assembly speaker was dating is now working at a prominent Albany lobbying firm.

• Campaign Corner: NY-19 (Molinaro vs. Riley) ad spending, and someone really doesn’t like Jenifer Rajkumar.

🌧️ Tonight’s Weather: Albany: Mostly clear, high 50s. New York City: Mostly clear, high 60s. (National Weather Service)

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(Hans Pennink/Associated Press)

⚖️ How RFK, Jr.’s N.Y. ballot case could end up at SCOTUS

☑️ There’s a path the independent candidate for president could take to the country’s highest court but it’s not one that’s easy.

I wrote on Friday about my experience covering a trial over whether Robert F. KENNEDY, Jr. used the wrong address when collecting signatures to get on the ballot.

As you may have read by now, Kennedy lost that case Monday evening when state Supreme Court Justice Christina Ryba ruled that the address didn’t qualify as his official residence.

And as I wrote last week, that decision will be short-lived: Kennedy’s team said Monday evening they plan to appeal the ruling.

• “We will appeal and we will win,” Kennedy said.

They’re also planning to file a federal lawsuit in New York but didn’t say when. As of this newsletter, that lawsuit had not been filed. I’ll keep checking.

• Neither Kennedy’s attorney nor his campaign responded to questions about the timing of that lawsuit.

• They also didn’t say who they’d be suing.

Paul Rossi — the attorney who originally told Kennedy to use the New York address and is still an adviser to his campaign — said the case shouldn’t be about state law.

“The 12th Amendment of the U.S. Constitution governs the residency of presidential and vice presidential candidates, not state law,” Rossi said. “If state court judges are going to ignore the Constitution, the federal courts must step in to protect voters’ rights.”

Ryba had specifically shut down attempts by Kennedy’s attorneys last week to shift the case in a direction that would involve the Constitution.

• She said the opposite of Rossi: that the litigation should only involve state Election Law.

Either way — through the state appeal or federal lawsuit — Kennedy’s case could wind up before the U.S. Supreme Court.

Inside the Court of Appeals (Will Waldron/Times Union)

⬆️ There are two paths the Kennedy campaign plans to take their challenge.