Robert F. Kennedy Jr. is planning to file a lawsuit against the Nevada Secretary of State’s office after learning that his campaign would likely have to restart signature gathering in the state. In early March, the campaign announced that it had collected over 15,000 signatures in Nevada, but had not yet named a running mate, which is required by state law to start the petition process for independent candidates. The Nevada Secretary of State’s Office admitted in late March that a staffer wrongly advised the campaign that they did not need to name a vice-presidential pick on the petition. Nevada Secretary of State Cisco Aguilar stated that his office is prepared to face Kennedy in court, as the statutes made clear that a running mate is required, and other independent candidates have followed the law to attain ballot access.
With only a month left to gather new signatures, the Kennedy campaign may run out of time to restart in Nevada if they pursue litigation and lose the case. Kennedy’s lead ballot access attorney, Paul Rossi, sent a settlement letter on May 23, offering to drop any charges and avoid litigation costs in exchange for the office validating the signatures and circulating Kennedy’s running mate’s name in newspapers around the state to correct the omission on the petition. The letter also allowed signatories to withdraw their support if they choose to. A similar situation occurred in 2008 when a petition for an education and infrastructure funding initiative was deemed invalid by the secretary of state’s office due to a violation of state guidelines, a decision upheld by the Nevada Supreme Court.
Kennedy was not the only independent candidate facing challenges with ballot access in Nevada. Independent presidential candidate Cornel West also had to submit a new petition after revealing his running mate. The secretary of state’s office sent guidance to all independent campaigns in early March, highlighting the statutory requirements necessary for petitions to be valid. Some campaigns refiled their petitions based on this guidance, while others did not. Prior to the settlement letter, the secretary of state’s office had not heard from Kennedy’s campaign since March, when they first sent a memo for ballot access guidance. This legal issue comes after Kennedy’s campaign filed a complaint with the Federal Election Commission, accusing CNN, President Biden, former President Donald Trump, and their campaigns of violating federal election law by not inviting Kennedy to participate in the June 27 presidential debate.
In conclusion, Robert F. Kennedy Jr.’s campaign in Nevada faces challenges regarding signature gathering and ballot access due to the requirement of naming a running mate on the petition. The Nevada Secretary of State’s Office is prepared to face Kennedy in court over the issue. Kennedy’s campaign has offered a settlement to avoid litigation costs, which includes validating the signatures and correcting the omission of his running mate’s name on the petition. Other independent candidates, such as Cornel West, have also had to restart the petition process in Nevada due to similar issues. Despite the challenges, the Kennedy campaign remains determined to pursue legal action to ensure ballot access in the state.
