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Elections 2024

Robert F. Kennedy Jr., third-party candidates face ballot challenges in Pennsylvania

Presidential candidate Robert F. Kennedy, Jr. waves after speaking during a campaign event at Independence Mall, Monday, Oct. 9, 2023, in Philadelphia. (AP Photo/Matt Rourke)

This story originally appeared on Spotlight PA.

Robert F. Kennedy Jr., his running mate, and at least nine third-party candidates are facing challenges that could see them kicked off of Pennsylvania’s Nov. 5 general election ballot.

The petition against Kennedy, an independent candidate and member of a dynastic Democratic family who rose to prominence as a vaccine skeptic and conspiracy theorist, was apparently filed with the backing of Clear Choice Action. The political action committee was formed by allies of President Joe Biden to challenge third-party and independent candidates.

In a state where recent presidential elections have been decided by just tens of thousands of votes, Kennedy’s appearance on the Pennsylvania ballot could affect whether Democrat Kamala Harris or Republican Donald Trump takes home the state’s coveted electoral votes. Recent polls show Kennedy with roughly 3% support among commonwealth voters.

Challenges to several other candidates were filed with Commonwealth Court by the 5 p.m. deadline Thursday.

The petition targeting Kennedy and his running mate Nicole Shanahan makes several arguments, including that Kennedy provided the wrong home address and that the candidates did not submit enough signatures.

The Pennsylvania Department of State advises third-party candidates for president that it will accept nomination papers with 5,000 signatures. However, it also warns candidates that this standard — which is much lower than the one prescribed in the state’s Election Code — is based on a court ruling that explicitly applies to the Constitution, Green, and Libertarian Parties.

“A voter or other interested party could file an objection to a candidate whose nomination papers contain only 5,000 signatures, which the state judiciary would need to resolve,” the agency warns.

The petition argues that Kennedy’s nominating papers fail to meet either standard. The filing alleges that the candidate filed 23,680 signature lines with “numerous ineligible signatures and defects.”

Two Pennsylvania voters are listed as the petitioners. However, according to a statement obtained by The Inquirer, Clear Choice Action is involved in the objection. The PAC has filed similar challenges in other states including New York and Illinois.

One of the lawyers who filed the petition referred questions to a Clear Choice Action representative, who did not immediately respond to request for comment.

Two separate challenges target the Party for Socialism and Liberation’s presidential and vice-presidential candidates: Claudia De la Cruz and Karina Garcia.

One petition challenges the eligibility of some of the party’s presidential electors. The other, filed by the same voters objecting to Kennedy, also targets the number of signatures filed.

Another challenge seeks to disqualify the entire slate for the ultraconservative Constitution Party, which is connected to the Christian right and based in Lancaster.

The party wants to run candidates for president, vice president, U.S. Senate, attorney general, auditor general, and state treasurer. The petition argues that the party failed to attach affidavits for the presidential and vice-presidential candidates as required. For that reason, Commonwealth Court “should set aside the entire slate of candidates,” the filing argues.

The last challenge filed by the deadline targets the American Solidarity Party’s U.S. Senate candidate Erik Messina, claiming his nomination papers contain invalid signatures.

Several other third-party candidates for statewide offices filed to appear on the Nov. 5 ballot and were not challenged. That includes the Green Party’s presidential candidate Jill Stein.

U.S. Sen. Bob Casey, the incumbent Democrat, will face Republican Dave McCormick as well as at least two third-party candidates: Libertarian John C. Thomas and the Green Party’s Leila Hazou.

The Forward Party, created by former presidential candidate Andrew Yang, will run health care industry lawyer Eric Settle for attorney general and tennis pro Chris Foster for state treasurer.

With those two candidates, the party hopes to garner enough votes to qualify as a minor political party in the state. This would allow voters in the state to register as a members of the party.

The Libertarian Party is running three row office candidates: Robert Cowburn for attorney general, Reece Smith for auditor general, and Nick Ciesielski for treasurer.

The major party candidates for attorney general are Democrat Eugene DePasquale, the state’s former auditor general, and Republican York County District Attorney Dave Sunday. The Green Party’s Richard L. Weiss is also a candidate.

For auditor general, incumbent Republican Tim DeFoor is running against state Rep. Malcolm Kenyatta (D., Philadelphia). The American Solidarity Party’s Eric K. Anton also filed to run in this race.

State Treasurer Stacy Garrity, a Republican, will face challengers including Democrat Erin McClelland, who won a surprise victory in the spring primary against the party’s endorsed candidate state Rep. Ryan Bizarro of Erie County.

This story may be updated.

Spotlight PA is an independent, nonpartisan, and nonprofit newsroom producing investigative and public-service journalism that holds the powerful to account and drives positive change in Pennsylvania.

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