Robert F. Kennedy Jr. will remain on the ballot in New Jersey as an independent presidential candidate after a judge ruled that the state’s Sore Loser Law does not apply to him. Administrative Law Judge Ernest Bongiovanni determined that Kennedy had not filed a nominating petition for the Democratic primary, meaning he had not sought the Democratic nomination in New Jersey and could legally run as an independent in the general election.
The challenge was brought by election lawyer Scott Salmon, who argued that Kennedy’s earlier campaign against Joe Biden for the Democratic nomination should disqualify him from running as an independent. Salmon contended that Kennedy’s actions, such as fundraising and making campaign speeches, were enough to trigger the Sore Loser Law, which prevents candidates who lose in a primary from running in the general election as independents.
However, Judge Bongiovanni disagreed, stating that Kennedy’s activities were not specifically aimed at New Jersey’s primary and that he never officially entered the state’s Democratic primary. The judge emphasized that Kennedy’s campaign did not file the necessary nominating petitions in New Jersey, which is crucial for the Sore Loser Law to apply.
This ruling contrasts with previous cases in New Jersey, where candidates were removed from the ballot for less direct involvement in primary elections. Bongiovanni’s decision suggests that without clear evidence of primary participation, the Sore Loser Law cannot be enforced against Kennedy.
As a result, Kennedy’s name will appear on the New Jersey ballot as an independent candidate in the upcoming presidential election. This decision may set a precedent for how the Sore Loser Law is interpreted in future cases.
