New York City Court to Hear Appeal to Remove Kennedy from the State Ballot

Case to be heard September 17 in a lower Manhattan courthouse

By Louis Conte, Headlines Editor, The Kennedy Beacon

Kennedy’s appeal will be heard! 

On Tuesday, September 17, Robert F. Kennedy Jr., American Values 2024 and Mr. Jeffrey Rose, a New York resident who signed Kennedy’s petition and represents the class of voters, will appear before the 2nd Circuit Court of Appeals in lower Manhattan. 

Where: Thurgood Marshall Courthouse: 40 Foley Square, New York, NY 10007

When: Sept. 17, 2024. Arrive at 9:30 A.M. Oral arguments start at 10 A.M.

Why: Defend ballot access & free speech!

The Kennedy Beacon, which is funded by American Values 2024, urges New Yorkers to fill the courtroom and stand with Bobby. In doing so they will be showing support for a fair electoral process that doesn’t disenfranchise voters on technicalities.  

The case centers on New York ballot access. At stake are more than 130,000 signatures supporting Kennedy that may be invalidated due to New York’s controversial residency requirements.

But the case is significant far beyond RFK Jr.'s presidential run. It strikes at the heart of voter enfranchisement and free speech, fundamental pillars of democracy. 

To shed further light on the importance of the proceedings, I interviewed AV24’s Chief Legal Counsel, Deirdre Goldfarb, who stated, “The appeal to the 2nd Circuit challenges New York’s  decision to exclude RFK Jr. from the ballot based upon a residency requirement. This requirement is unconstitutional because it conflicts with the nationwide nature of a presidential election. The President of the United States is not a state office; the qualifications should be uniform across all states.”

The issue echoes the recent United States Supreme Court ruling, Trump v. Anderson, 601 U. S. 100 (2024), in which the Court struck down Colorado’s attempt to restrict presidential ballot access. The decision warned that if states are allowed to impose inconsistent residency or eligibility rules, it would create a chaotic patchwork across the nation, threatening the integrity of federal elections.

In the case of Kennedy in NY, Goldfarb highlights a critical point: “New York's residency definition contradicts other state laws and must not supersede the qualifications outlined by the Founding Fathers. Keeping Kennedy off the ballot deprives over 130,000 New York voters of their First Amendment rights, a move that is neither justified nor constitutional."

The urgency of the situation is clear. New York must print ballots soon, and the court’s decision could set a precedent with nationwide ramifications for future elections. The exclusion of Kennedy could deal a blow not just to his candidacy but to the principle that voters should decide who qualifies to run for president — not state bureaucracies or inconsistent rules.

Goldfarb noted the irreparable harm caused to those 130,000 voters whose signatures would be nullified over what she described as a "trivial technicality"— a petition address error that has no material impact on the voters or the state’s electoral process. This case, she emphasized, demands immediate relief to protect both voter rights and the constitutional integrity of the electoral system.

With so much on the line, the hearing tomorrow represents more than just one candidate’s bid for office — it is a defense of the right to vote and to have a voice in determining the future leadership of the country.

Fill the courtroom, stand with us, and protect voter rights!