Challengers seeking to throw Robert F. Kennedy Jr. off Georgia’s November ballot told a judge on Monday that the independent presidential candidate must be disqualified because the New York address he used on Georgia ballot access petitions is a “sham.” It shows how a decision by a New York court last week finding Kennedy doesn’t live at the address in the New York City suburbs is being used to attack Kennedy’s ballot access in other states. The judge ruled Kennedy shouldn’t appear on New York ballots, but Kennedy is appealing. In New York on Monday, a trial opened in suburban Long Island in another lawsuit challenging Kennedy’s place on the state’s presidential ballot in November. In Georgia, challengers argue that because Kennedy used the New York address, his petitions should be voided. “The court found, by clear and convincing evidence that petitioners had shown that his New York residence was a sham used for political purposes,” lawyer Adam Sparks said after a Monday hearing in Atlanta. “He doesn’t live there. He claimed to on each and every sheet of his petition here in Georgia. That’s improper. It invalidates the petition, full stop.” But a lawyer for Kennedy presented Michael Malihi, an administrative law judge, with Kennedy’s voting history as evidence of his New York residency. “Mr. Kennedy has been a lifelong resident of the state of New York,” lawyer Larry Otter said. Otter said the challengers are improperly trying to impose additional qualifications on a presidential candidate beyond those in the U.S. Constitution — that a person be at least 35 years old, born in the United States, and live in the country at least 14 years. Sparks also challenged Kennedy’s status as an independent. He argued that because Kennedy is running as the nominee of several parties in other states — including Kennedy’s own “We the People Party” — that Kennedy doesn’t qualify as an independent under Georgia law. “They circumvent requirements for qualification in Georgia by gaming the system,” Sparks said. Otter said the other parties aren’t present in Georgia. Democrats are also challenging ballot places for independent candidate Cornel West, the Green Party, which has nominated Jill Stein, and the Party for Socialism and Liberation’s Claudia De la Cruz. While none of those candidates are likely to win Georgia’s 16 electoral votes, independent and third-party candidates could tip Georgia’s balance away from Democratic Vice President Kamala Harris. Joe Biden won Georgia by fewer than 12,000 votes in 2020. Georgia counties determined that Kennedy, West and De la Cruz each collected at least 7,500 signatures to qualify. Stein hopes to use a new Georgia law awarding a ballot place to candidates of a party that qualifies in at least 20 other states. Malihi heard two challenges to Kennedy on Monday, as well as a challenge to De la Cruz. He’ll hear challenges Thursday to West and the Green Party. Malihi will issue findings to Georgia Secretary of State Brad Raffensperger, who will make a final ruling. A decision must be made before Georgia mails military and overseas ballots beginning Sept. 17. Lawyers for Democrats argue each of De la Cruz’s and Kennedy’s 16 electors needed to file separate nomination petitions. Lawyers for the candidates disputed this interpretation Monday, saying it’s wrong to believe each campaign needs 120,000 signatures. […]
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