TRENTON, NJ – Robert F. Kennedy Jr. will stay on the ballot in New Jersey as an independent candidate for president after a judge ruled that the state’s Sore Loser Law doesn’t apply to him.
The decision by Administrative Law Judge Ernest Bongiovanni hinged on the fact that Kennedy never officially filed a nominating petition for the Democratic primary in New Jersey, meaning he didn’t formally participate in the primary process there.
Kennedy had been challenged by election lawyer Scott Salmon, who argued that Kennedy’s efforts to secure the Democratic nomination should disqualify him from running as an independent in the general election under the Sore Loser Law.
However, the judge found that Kennedy’s activities, like fundraising and giving speeches, were nationwide efforts and not specifically aimed at New Jersey’s Democratic primary.
Therefore, these actions didn’t make him a primary candidate under New Jersey law.
Salmon’s interpretation of the Sore Loser Law was deemed too broad by the judge, who ruled that clear evidence would be required to show that Kennedy was a primary election candidate in New Jersey. Consequently, Kennedy is allowed to continue his independent run for the presidency in the state.
