RFK Jr. plans to file lawsuit against Nevada over ballot access

Robert F. Kennedy Jr. is planning to file a lawsuit against the Nevada Secretary of State’s office, CBS News has learned, nearly two months ago after learning that his campaign would likely have to restart collecting signatures in the Silver State.

At the beginning of March, the campaign announced who had collected more than 15,000 signatures in Nevada, but first Kennedy named a running mate, which is required by state law to begin the petition process for independent candidates.

At the end of March, the Nevada Secretary of State’s Office recognized, however, that a staffer erroneously informed the campaign that it was not necessary to name a vice presidential pick in the petition. However, in a statement provided Thursday to CBS News, Nevada Secretary of State Cisco Aguilar said his office is prepared to face Kennedy in court, as his campaign has received guidance with clarified statutes.

“Nevada has a rich history of independent and third-party candidates. Each of these candidates has been able to gain access to the ballot box by following the law. We look forward to seeing Mr. Kennedy’s team in court,” said Aguilar.

With more than a month left to gather new signatures, the campaign will likely run out of time to restart in Nevada if it pursues litigation in court and loses the case.

In a settlement letter dated May 23 written by Paul Rossi, the Kennedy campaign’s chief ballot access lawyer, it alerted the secretary of state’s office that Kennedy was prepared to present a lawsuit Friday, unless the office agrees to make a deal with the campaign. Rossi offered to drop any charges and avoid litigation costs in exchange for the office validating the signatures.

Rossi proposed publishing Nicole Shanahan’s name in newspapers across the state to correct the omission of RFK Jr.’s running mate. Additionally, anyone who signed Kennedy’s petition can withdraw their support if they wish, Rossi offered. .

“We are happy to discuss and resolve any details to reach an acceptable resolution to this unique factual circumstance,” Rossi wrote.

A similar case occurred in 2008, when the Las Vegas Convention and Visitors Authority petitioned the secretary of state’s office to put an education and infrastructure funding initiative on the ballot. The secretary of state’s office ruled that the petition was invalid because the form violated state guidelines, and that decision was later upheld by the Nevada Supreme Court.

Kennedy wasn’t the only independent candidate to learn he would have to start over in Nevada. Independent presidential candidate Cornel West filed a new petition with the Secretary of State’s office in April, the same day he unveiled his running mate, Melina Abdullah, a California-based professor of Pan-African studies and leader of the California chapter of Black Lives Matter, according to the secretary of state.

“In early March, the Secretary of State’s office sent guidance to all independent campaigns for president who filed ballot access petitions,” Aguilar said in a statement to CBS News. “This guidance highlighted the legal requirements necessary for petitions to be valid. The guidance was sent well before the deadline for submitting signatures, which has not yet expired. .”

Prior to the letter of agreement, the secretary of state’s office told CBS News it had not heard from the campaign since March, when it first sent a memo for ballot access guidance.

This also comes a day after the Kennedy campaign filed a complaint with the Federal Election Commission accusing CNN, President Biden, former President Donald Trump and their campaigns of violating federal election law by not inviting him to participate in the June 27 presidential debate.