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A New York judge ruled Monday that independent presidential candidate Robert F. Kennedy Jr.’s name should not appear on New York’s voter ballot. The judge ruled that Kennedy falsely claimed a New York residence on nominating petitions while living in California.

Kennedy’s lawyers have vowed to appeal ahead of the August 15 deadline. If the judge’s ruling is upheld, it would not only keep Kennedy off the New York ballot, but could also ignite challenges in other states where Kennedy used the New York address. 

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In a 34-page decision, Judge Christina Ryba  ordered the New York Board of Elections to not include Kennedy’s name on the ballot and concluded that the bedroom Kennedy claimed as his home in the state was not a “bona fide and legitimate residence, but merely a ‘sham’ address that he assumed for the purpose of maintaining his voter registration.”

“Given the size and appearance of the spare bedroom as shown in the photographs admitted into evidence, the Court finds Kennedy’s testimony that he may return to that bedroom to reside with his wife, family members, multiple pets, and all of his personal belongings to be highly improbable, if not preposterous,” the judge concluded.

Ryba stated evidence submitted in trial showed Kennedy had a “long-standing pattern” of borrowing addresses from friends and relatives so he could maintain his voter registration in New York State while actually residing in California.”

“Using a friend’s address for political and voting purposes, while barely stepping foot on the premises, does not equate to residency under the Election Law,” the judge wrote. “To hold otherwise would establish a dangerous precedent and open the door to the fraud and political mischief that the Election Law residency rules were designed to prevent.”

Kennedy “lied about his residency and provided a false address on his filing papers and candidate petitions in New York, intentionally misleading election officials and betraying voters’ trust,” said Clear Choice Action, which supported the legal challenge. 

The lawsuit had alleged that Kennedy’s state nominating petition falsely listed a residence in Katonah, New York, while Kennedy actually lives in Los Angeles since 2014, when he married actress Cheryl Hines.

Kennedy argued during the trial that he has lifelong ties to New York and intends to move back.

During the trial, Kennedy maintained that he began living in New York when he was 10 years of age and that he currently rents a room in a friend’s home in Katonah, about 50 miles north of New York City.

Kennedy testified that he has only slept in that room once due to his constant campaign travel.

Barbara Moss, who rents the room to Kennedy, testified that the candidate pays her $500 a month. She also acknowledged there is no written lease and that Kennedy’s first payment was not made until after the New York Post published a story about the New York address on the ballot petition. 

The judge heard from a longtime friend of Kennedy’s who testified that Kennedy had regularly been a guest at his home in Westchester, New York from 2014 through 2017, but was not a tenant as Kennedy had claimed. 

Clear Choice filed the New York suit on behalf of several voters in the state.

Kennedy told reporters last week that getting knocked off the ballot in New York could lead to lawsuits in other states where his campaign listed the same address.

After the trial ended Thursday, Kennedy argued that people who signed his petitions deserve a chance to vote for him.

“Those Americans want to see me on the ballot. They want to have a choice,” he said. 

The Kennedy campaign has released a statement.

“The ruling came in spite of the fact that Kennedy is registered to vote in New York, New York has been his primary residence since 1964, he pays taxes in New York, he has a New York driver’s license, his legal license and law practice is in New York, and his falconry license and other recreational licenses are in New York,” reads the Kennedy campaign statement. 

“The Democrats are showing contempt for democracy,” said Kennedy. “They aren’t confident they can win at the ballot box, so they are trying to stop voters from having a choice. We will appeal and we will win.” 

In reference to Judge Ryba’s ruling, Kennedy stated that the judge refused to consider the constitutionality of the New York residency requirement under the U.S. Constitution’s 12th Amendment. 

“The 12th Amendment of the U.S. Constitution governs the residency of presidential and vice presidential candidates, not state law,” said Kennedy Senior Campaign Counsel Paul Rossi. “We intend to pursue injunctive relief in the Southern District of New York. If state court judges are going to ignore the Constitution, the federal courts must step in to protect voters’ rights.”

The Kennedy Campaign has submitted 108,680 valid signatures for New York ballot access, more than double the 45,000 required under New York election law. 

“This case is an assault on New York voters who signed in record numbers to place me on their ballot,” said Kennedy.“ The DNC has become a party that uses lawfare in place of the democratic election process.”