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RENO, Nev. (AP) — Robert F. Kennedy Jr..’s campaign filed a lawsuit Friday against Nevada’s top election official, alleging a requirement that independent candidates must name their running mate by the time they start gathering signatures for ballot access is unconstitutional.
The requirement to name a running mate on the petition, the campaign alleges, violates the 1st Amendment and the equal protection clause of the 14th Amendment.
Kennedy Jr. picked California lawyer and philanthropist Nicole Shanahan as his running mate in late March, a few weeks after he submitted the petition.
“Every communication with Defendant’s staff on this issue repeatedly confirmed that a VP candidate could not be named on the petition," the lawsuit states. The campaign described the secretary of state's office interpretation of the law as “ambiguous and conflicting.”
“Nevada has a rich history of independent and third party candidates for office," Aguilar said in a statement. "Each of those candidates managed to attain ballot access by following the law. We look forward to seeing Mr. Kennedy’s team in court.”
The lawsuit comes as Kennedy Jr. scrambles to secure ballot access in states with at least 270 electoral votes by June 20, a requirement to get on the stage for a CNN debate with President Joe Biden and former President Donald Trump. Nevada’s six electoral votes would get him closer, though he’s still dozens short.
Candidates have until July 5 to submit a petition to county election offices with enough signatures to appear on the Nevada ballot.
Supporters of Biden and Trump have mobilized against Kennedy, both fearing his idiosyncratic views and famous last name will tip the scales away from their preferred victor. It’s difficult to know how Kennedy will affect the race because polling on third-party candidates is notoriously unreliable this far out from an election.
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Jonathan J. Cooper contributed reporting from Phoenix.