RFK Jr. closer to getting on New Jersey ballot after judge rules he didn't violate 'sore loser' law

TRENTON, N.J. (AP) — Robert F. Kennedy Jr. didn’t violate New Jersey’s “sore loser” law, a judge ruled on Tuesday, potentially clearing the way for Kennedy to appear on the presidential ballot as an independent.

Administrative Law Judge Ernest Bongiovanni rejected the petition by Scott Salmon, an election law attorney in the state, who challenged Kennedy’s independent bid for the White House.

“Respondent did not attempt to seek the democratic primary nomination in New Jersey and thus cannot be considered a loser under (the law),” the judge wrote.

New Jersey, like a number of other states, has a sore loser law that bars candidates who ran in a primary from running as independents in a general election. Bongiovanni’s ruling follows another judge’s similar opinion.

The matter now goes to the secretary of state, New Jersey’s top elections official, who can accept or reject the judge’s order under state law. A message seeking comment was left with Lt. Gov. Tahesha Way, who serves simultaneously as the secretary of state, on Wednesday.

Salmon brought a suit in 2020 saying that then-potential presidential candidate Kanye West gathered an inadequate number of signatures. At the time, Salmon said he was a registered Democrat. West eventually withdrew his petition to be on the ballot.

Kennedy’s famous name and a loyal base have buoyed his bid for the White House. Strategists from both major parties had voiced concerns that he might negatively affect their candidate’s chances.

A similar challenge in New York questioning his claim that he lives in New York is unfolding in court there. He testified this week that his address is in the New York City suburb of Katonah.

Salmon sought to keep Kennedy from the ballot as an independent under a state law that bars candidates who run for a major party nomination in a primary from seeking the same office in the general election as an independent. Salmon sought to use the statute, known as a sore loser law, because Kennedy had filed with the Federal Election Commission in April 2023 to run as a Democrat; he amended the filing in October to begin an independent bid.

Kennedy argued that Salmon didn’t have standing to sue because he isn’t a candidate for president himself, among other arguments. A message seeking comment was left with the Kennedy campaign.