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Robert F. Kennedy Jr., third-party candidates face ballot challenges in Pennsylvania

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Robert F. Kennedy Jr., third-party candidates face ballot challenges in Pennsylvania


This story originally appeared on Spotlight PA.

Robert F. Kennedy Jr., his running mate, and at least nine third-party candidates are facing challenges that could see them kicked off of Pennsylvania’s Nov. 5 general election ballot.

The petition against Kennedy, an independent candidate and member of a dynastic Democratic family who rose to prominence as a vaccine skeptic and conspiracy theorist, was apparently filed with the backing of Clear Choice Action. The political action committee was formed by allies of President Joe Biden to challenge third-party and independent candidates.

In a state where recent presidential elections have been decided by just tens of thousands of votes, Kennedy’s appearance on the Pennsylvania ballot could affect whether Democrat Kamala Harris or Republican Donald Trump takes home the state’s coveted electoral votes. Recent polls show Kennedy with roughly 3% support among commonwealth voters.

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Challenges to several other candidates were filed with Commonwealth Court by the 5 p.m. deadline Thursday.

The petition targeting Kennedy and his running mate Nicole Shanahan makes several arguments, including that Kennedy provided the wrong home address and that the candidates did not submit enough signatures.

The Pennsylvania Department of State advises third-party candidates for president that it will accept nomination papers with 5,000 signatures. However, it also warns candidates that this standard — which is much lower than the one prescribed in the state’s Election Code — is based on a court ruling that explicitly applies to the Constitution, Green, and Libertarian Parties.

“A voter or other interested party could file an objection to a candidate whose nomination papers contain only 5,000 signatures, which the state judiciary would need to resolve,” the agency warns.

The petition argues that Kennedy’s nominating papers fail to meet either standard. The filing alleges that the candidate filed 23,680 signature lines with “numerous ineligible signatures and defects.”

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Two Pennsylvania voters are listed as the petitioners. However, according to a statement obtained by The Inquirer, Clear Choice Action is involved in the objection. The PAC has filed similar challenges in other states including New York and Illinois.

One of the lawyers who filed the petition referred questions to a Clear Choice Action representative, who did not immediately respond to request for comment.

Two separate challenges target the Party for Socialism and Liberation’s presidential and vice-presidential candidates: Claudia De la Cruz and Karina Garcia.

One petition challenges the eligibility of some of the party’s presidential electors. The other, filed by the same voters objecting to Kennedy, also targets the number of signatures filed.

Another challenge seeks to disqualify the entire slate for the ultraconservative Constitution Party, which is connected to the Christian right and based in Lancaster.

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Dem Sen. Bob Casey blasts Biden for leaving Pennsylvania teacher Marc Fogel in Russia, says his mother fears she’ll never see him again

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Dem Sen. Bob Casey blasts Biden for leaving Pennsylvania teacher Marc Fogel in Russia, says his mother fears she’ll never see him again


One notable name was left behind in last week’s US-Russia prisoner exchange that freed Wall Street Journal reporter Evan Gershkovich and Marine veteran Paul Whelan on Aug. 2.

And a week later, Pennsylvania’s senior senator has put President Joe Biden on notice.

In a statement last Thursday, Sen. Bob Casey (D-Pa.) said the swap was “good news” for Gershkovich and Whelan, but expressed disappointment with Pittsburgh teacher Marc Fogel being left to rot in Russia.

“This prisoner swap is good news for Evan Gershkovich, Paul Whelan, and their families, but Marc Fogel is still sitting in a Russian prison,” Casey said, noting that Fogel’s health has “declined significantly” while imprisoned.

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Sen. Bob Casey blasted the prisoner swap over not including Pittsburgh teacher Marc Fogel. NurPhoto via Getty Images
Fogel with his mother Malphine, who fears she’ll never see her son again. Malphine Fogel

The statement comes after Fogel’s 95-year-old mother Malphine Fogel slammed both Casey and Biden in an interview with The Post last week. She specifically said Casey “needs to be more forceful to get him designated unlawfully detained” — a crucial State Department label for overseas prisoners.

Now 65, Fogel was detained in August 2021 for allegedly trying to enter Russia with 0.6 ounces of medical marijuana and was sentenced to 14 years in prison the following year. 

Casey’s statement said that Malphine fears she will never see her son again.

“As we celebrate the good news of today, we cannot forget about Marc and the Fogel family,” Casey said.

Casey’s opponent, GOP Senate hopeful Dave McCormick, met with Malphine Fogel on Wednesday — and stressed the importance of getting her son to be declared “wrongfully detained.”

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The Biden administration was able to free Wall Street Journal reporter Evan Gershkovich, Paul Whalen and Alsu Kurmasheva in the prisoner exchange on Aug. 2. AP

“It’s so important that he be designated as wrongfully detained,” McCormick said. “It’s so important because he makes sure he gets the healthcare he needs.”

Former President Donald Trump also meet with Malphine — the day he was shot by a would-be assassin in Butler, Pennsylvania — and the GOP nominee promised to bring her son home if he’s elected.

National Security Advisor Jake Sullivan used the phrase when referring to Marc Fogel at last Thursday’s press briefing — the first time a Biden administration official has publicly done so.

Casey has repeatedly pushed for a deal to negotiate Fogel’s release — including his introduction of a bipartisan resolution calling for the teacher to come home, which passed the Senate unanimously earlier this year.

The senator’s comments represent a rare public break with the Biden administration.

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Casey was one of few swing-state Democrats to remain supportive of Biden following the prez’s disastrous debate performance in late June.

FiveThirtyEight records show he voted with Biden’s stated position 98.5% of the time during the 117th Congress in 2021-22.



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Pennsylvania lawsuit asks Commonwealth Court to remove RFK Jr. from presidential ballot • Pennsylvania Capital-Star

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Pennsylvania lawsuit asks Commonwealth Court to remove RFK Jr. from presidential ballot • Pennsylvania Capital-Star


A lawsuit filed Thursday seeks to have independent presidential candidate Robert F. Kennedy Jr. removed from the Pennsylvania ballot for the Nov. 5 election alleging fraud and other problems with his nominating papers.

The suit in Commonwealth Court filed on behalf of two voters from Dauphin County and Philadelphia claims the nominating papers Kennedy and running mate Nicole Shanahan filed with the Pennsylvania Department of State for placement on the ballot “demonstrate, at best, a fundamental disregard of the circulation process and Pennsylvania law.”

Kennedy, the son of U.S. attorney general and senator Robert F. Kennedy and nephew of President John F. Kennedy, is running as the nominee of the We the People Party. His campaign claims that unlike other independent candidates, Kennedy and Shanahan will appear on the ballots of all 50 states. 

The Pennsylvania suit claims, however, that Kennedy’s nominating petitions list a New York address that is not his home. Kennedy has made his primary residence in California since marrying his wife, actress Cheryl Hines, in 2014, the suit claims.

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A trial in New York state court over Kennedy’s legal residence concluded Thursday and a judge is expected to soon decide whether Kennedy’s name should remain on the ballot there. A Democratic super PAC is backing the lawsuit. 

The New York suit makes a similar claim that although Kennedy’s New York nominating petitions bear an address in the New York City suburbs, his actual residence is in California.

Kennedy’s campaign said in a statement Thursday that his voter registration, falconry license, and law practice are all in New York, where he also pays taxes. Kennedy said he plans to move back to New York when “Curb Your Enthusiasm” star Hines retires from acting.

The residency issue presents an insurmountable problem for the Kennedy campaign because vice presidential nominee Shanahan also lives in California. The U.S. Constitution bars a state’s presidential electors from casting their votes for presidential and vice presidential candidates if both are from that state, meaning Kennedy could not receive California’s Electoral College votes.

“For these reasons, Candidate Kennedy listed his New York address with the intent to deceive Pennsylvania voters. Providing a California address would contradict his campaign and its goals,” the lawsuit claims, adding that because he allegedly acted with the intent to deceive voters, he is not entitled to amend the documents.

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The suit also claims that Kennedy’s nomination papers fall short of the 33,043 signatures required by the Pennsylvania Election Code for non-major party candidates. 

Although federal courts have held that the requirement can be unconstitutional, and the secretary of the commonwealth will accept nomination petitions containing 5,000 signatures, Kennedy has not established that the requirement of a greater number of signatures is unconstitutional in his case, the suit says.

The original nominating petitions filed with the Department of State also show evidence of fraud, the suit alleges.

It says an inspection of the papers revealed “a startling concern.” Nearly 300 of the sheets submitted have a different circulator statement that is taped over the original document. Because the new statement cannot be removed without damaging the paper, this prevents examination of the original statement.

The suit also lists other defects with the documents including torn pages, “handwriting patterns and corrections” that suggest the voters whose names appear did not sign the petition, and that, based on the campaign’s practices in other states, some circulators whose names appear on the petitions were not the people who solicited voters’ signatures.

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The suit was filed by attorney Timothy Ford of the Dilworth Paxson law firm in Philadelphia.

The Kennedy campaign did not immediately reply to a request for comment from the Capital-Star on Thursday. 

 



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Pennsylvania Lauds State Health Funding Alongside Counties’ Success

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Pennsylvania Lauds State Health Funding Alongside Counties’ Success


Pennsylvania’s health secretary on Thursday touted the success of two counties in the state that landed in the top 100 of the Healthiest Communities rankings from U.S. News, along with funding in lawmakers’ recently approved budget for 2024-2025 that aims to create “a healthy Pennsylvania for all.”



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