Independent presidential candidate Robert F. Kennedy Jr. will remain on New Jersey's ballot after an administrative law judge found Tuesday that Kennedy had not violated the state's Sore Loser Law, according to the New Jersey Monitor.
Judge Ernest M. Bongiovanni determined that Kennedy did not formally pursue the Democratic nomination in New Jersey before running as an independent, exempting him from the state law, which prevents candidates from running as independents after failing to secure a party's nomination.
Election attorney Scott Salmon sought to prevent Kennedy's name from appearing on the ballot, citing Kennedy's earlier campaign activities challenging President Joe Biden for the Democratic nomination in New Jersey. However, Bongiovanni deemed that Salmon's interpretation of the law was "overbroad," stating that "all activities conducted nationwide" are not specifically considered activities for "New Jersey Democratic primary election votes."
Bongiovanni clarified that a candidate must file a declaration of candidacy, submit nomination petitions, or conduct a write-in campaign to be considered as having unsuccessfully sought a party's nomination. Kennedy's campaign did not undertake these actions.
The judge also noted that while Kennedy raised funds from New Jersey donors, presidential campaigns do not typically participate in every state's primary.
Salmon challenged Bongiovanni's recommendation, arguing that Kennedy actively sought support in New Jersey before switching to an independent run. This marks Salmon's second unsuccessful attempt to block Kennedy's ballot access.