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Kennedy’s ballot problems

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Jul 01, 2024 View in browser
 
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By Brittany Gibson and Madison Fernandez

TOP LINE

Robert F. Kennedy Jr. might not be on the ballot in North Carolina. It’s only the beginning of his problems.

While Kennedy’s long shot independent presidential campaign has focused on collecting signatures — and regularly over-delivering on state requirements — to get on the ballot, the operation is now dealing with a verification and certification process that is largely out of its control.

Independent presidential candidate Robert F. Kennedy Jr. talks during a campaign event.

Independent presidential candidate Robert F. Kennedy Jr. talks during a campaign event, in West Hollywood, Calif., on June 27, 2024. | Damian Dovarganes/AP Photo

North Carolina’s state board of elections will make a final decision about whether Kennedy will make it on to November’s ballot in this swing state on July 9, after preliminarily denying him (and fellow independent Cornel West) access last week. Simultaneously, his campaign must also prepare for hearings in New York, where the validity of Kennedy’s signatures are being challenged, as well as the home address he listed on his petition paperwork — the independent claimed his home is in New York, not in California where he has said he lives in past interviews with his wife, actress Cheryl Hines — which could endanger his petitions in several more states. A lawsuit in New Jersey tries to hold the fact that Kennedy initially entered the 2024 race as a Democrat against him to keep him off the ballot under the state’s “sore loser” law. And another lawsuit filed by Nevada’s Democratic Party looms on the horizon.

(POLITICO is tracking ballot access for Kennedy and other third-party candidates.)

The Kennedy campaign has protested these challenges, alleging in a recent memo that there’s a “lawfare campaign against his ballot access.” But fighting these challenges and lawsuits will require significant manpower and legal fees, not memos. The cost of defending the investment in signature gathering efforts, on which the campaign has spent millions already, will be significant.

And these obstacles are hurtling toward the campaign at a time when its fundraising has dipped across the board, and public polling is trending downward.

An ecosystem of Democratic Party-aligned groups, nonprofits and PACs are campaigning against Kennedy. The super PAC Clear Choice Action has taken the lead in digging into the tangled weeds of ballot access.

“We are not interested in launching challenges for the sake of it. Our reputation is at stake in every state,” Pete Kavanaugh, president of Clear Choice, said in an interview with POLITICO.

Kavanaugh said he has a team of a couple of dozen people who can parachute into the paperwork filed by Kennedy — and the other third party campaigns — to be an added watchdog on the process. Clear Choice filed the challenges in New York and North Carolina and more could come later in the summer, when most states have deadlines for signatures to be turned in.

Laws vary in every state, which means navigating 51 different sets of procedures and requirements to gain national ballot access. Some states are much easier than others, just requiring a few thousand signatures from eligible voters. But bigger states — like New York, Texas, Illinois and California — mandate tens of thousands of signatures, and some of them must be gathered in relatively short time frames.

“When you rush signature programs at this scale, the quality goes down the tubes,” Kavanuagh said. “They’re trying to overwhelm with sheer quantity [of signatures] because they know quality is extremely low. Our expectation has been that in these high threshold states like New York, Texas and Illinois that they were going to have significant issues with validity and fraud, and that’s exactly what we’ve seen to date—and they’ve said so publicly.”

Happy Monday, and welcome to July. Thanks to Brittany for today’s top. Reach me at mfernandez@politico.com and @madfernandez616.

Days until the Republican National Convention: 14

Days until the Arizona primaries: 29

Days until the Tennessee primaries: 31

Days until the Kansas, Michigan, Missouri and Washington state primaries: 36

Days until the Hawaii primaries: 40

Days until the Connecticut, Minnesota, Vermont and Wisconsin primaries: 43

Days until the Democratic National Convention: 49

Days until the Alaska, Florida and Wyoming primaries: 50

Days until the 2024 election: 127

 

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Presidential Big Board

THE GREAT DEBATE — President Joe Biden’s performance at the first general election presidential debate of the cycle on Thursday caused plenty of hand-wringing among Democratic Party elites — concern that’s spilling well into this week. The campaign is acknowledging it wasn't a strong showing, but arguing concern around it is overblown: “I know I’m not a young man,” Biden said at a fiery North Carolina rally on Friday. “I don’t debate as well as I used to. But I know what I do know: I know how to tell the truth.” And major Democratic allies, like former President Barack Obama, came to Biden’s defense.

Despite the freak-out from some Democrats and major outlets publishing op-eds urging him to drop out, the Biden campaign said it raised a whopping $33 million between the day of the debate and Sunday morning, and ActBlue, the Democratic grassroots donation platform, said it brought in close to $22 million on the day of the debate, making it the largest day on the platform this cycle. (Former President Donald Trump's campaign said it raised $8 million on the day of the debate.)

“If we do see changes in polling in the coming weeks, it will not be the first time that overblown media narratives have driven temporary dips in the polls,” a memo from Biden campaign chair Jen O’Malley Dillon said.

Biden also sought to quell nerves among the high-dollar donor class. “I understand the concern after the debate,” he said at a Saturday evening reception at the home of Democratic New Jersey Gov. Phil Murphy and first lady Tammy Murphy. His top campaign staffers met privately Friday morning with top donors and bundlers in Atlanta to convince them the debate was not a “campaign killer,” and made it clear that he would stay in the race.

Members of the Biden family “privately trashed his top campaign advisers at Camp David this weekend, blaming them for the president’s flop in Thursday’s debate and urging Biden to fire or demote people in his political high command,” POLITICO’s Jonathan Lemire and Lauren Egan write. “There is no immediate expectation that Biden will follow through on that advice.”

Meanwhile, Trump — who the Biden campaign continues to hit for repeatedly lying during the debate and not committing to accepting the results of the 2024 election — took a victory lap at a Friday rally in Virginia, a state that he’s hoping to put on the map.

CAMPAIGN INTEL

ABORTION ON THE BALLOT — An initiative to codify abortion rights in the Nevada constitution will officially appear on the ballot in November, after enough signatures were verified.

VOTING RIGHTS

EARLY BIRD SPECIAL — “The Delaware Supreme Court struck down a lower court ruling Friday that barred early voting and permanent absentee voting in the state’s general elections,” WHYY’s Sarah Mueller writes. “But the plaintiff’s attorney, former judge and chair of the Delaware Republican Party Jane Brady, said she plans to file another lawsuit in the coming days and months to continue challenging the constitutionality of those laws.”

THE CASH DASH

FIRST IN SCORE — PAC IT UP — Tomorrow's Jobs, a PAC supporting Democrats with small business backgrounds, is wading into WA-06, a safe Democratic seat, in support of state Public Lands Commissioner Hilary Franz. Franz faces a handful of candidates running in the August all-party primary to succeed outgoing Rep. Derek Kilmer, including Democratic state Sen. Emily Randall, her biggest competition in the race. The group is planning a six-figure program on digital and social media advertising, as well as direct mail.

(DON’T) SHOW ME THE MONEY — “Republican legislators won a small victory in their attempt to overturn a voter-approved measure that bars anonymous ‘dark money’ in Arizona campaigns, but an appellate court ruled that the bulk of the law passes constitutional muster and can be enforced in the 2024 elections,” the Arizona Mirror’s Caitlin Sievers writes. A three-judge panel on the Arizona Court of Appeals upheld most of the law, but “concluded that a provision in the law that bars the legislature — which Republicans narrowly control — from limiting the Citizens Clean Elections Commission from enforcing the ‘dark money’ disclosure provisions is unconstitutional. … This leaves open the possibility that the legislature could pass laws that would limit the commission’s ability to create rules for enforcing dark money disclosure. “

 

SUBSCRIBE TO GLOBAL PLAYBOOK: Don’t miss out on POLITICO’s Global Playbook, our newsletter taking you inside pivotal discussions at the most influential gatherings in the world. Suzanne Lynch delivers the world's elite and influential moments directly to you. Stay in the global loop. SUBSCRIBE NOW.

 
 
AS SEEN ON TV

MT-Sen — Republican Tim Sheehy and the NRSC are up with a coordinated spot featuring veterans hitting Biden and Democratic Sen. Jon Tester over immigration.

NV-Sen — Republican Sam Brown features a clip from an interview with NBC News where he says that he doesn’t support a federal abortion ban.

OH-Sen — Republican Bernie Moreno ties Democratic Sen. Sherrod Brown to Biden.

MI-08 — WFW Action Fund, an outside group that supports conservative women, is touting Mary Draves, who’s running in the GOP primary for this open battleground.

MN-07 — America Leads PAC is boosting Republican Rep. Michelle Fischbach, who faces a primary challenge next month.

MO-01 — Democratic St. Louis County Prosecutor Wesley Bell, who is primarying Rep. Cori Bush, is running a spot on abortion rights.

CODA: QUOTE OF THE DAY — “Well, obviously he was enthusiastic and energetic. I’m kidding.” — Rep. Juan Vargas (D-Calif.) on Biden’s debate performance.

 

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Zach Montellaro @zachmontellaro

Ally Mutnick @allymutnick

Madison Fernandez @madfernandez616

 

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