RFK Jr. Plans To File Lawsuit Against Nevada Over Ballot Access
RFK Jr. Plans To File Lawsuit Against Nevada Over Ballot Access
I. INTRODUCTION
by and through undersigned legal counsel, bring this action against Francisco V.
Aguilar, in his official capacity as the Nevada Secretary of State and chief election
in this action.
presidential candidates against Plaintiff and now requiring Plaintiff, after having
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presidential candidate on nomination petitions to secure ballot access after the
nomination petition which did not name Robert F. Kennedy Jr’s, running-mate,
to name their vice-presidential candidate months before the major political party
II. JURISDICTION
district courts shall have original jurisdiction over all actions arising under the
§ 1983, as Plaintiff alleges violation of rights guaranteed under the First and
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Fourteenth Amendments to the United States Constitution.
III. VENUE
6. Venue is proper in the United States District Court for the District of
within this district and maintains his office within this district and all the operative
IV. PARTIES
Kennedy Jr., to the office of President of the United States at the 2024 general
C00836916. To qualify Robert F. Kennedy Jr., for Nevada’s 2024 general election
ballot for the office of President of the United States, Team Kennedy is required to
the Petition to collect the required number of signatures from registered Nevada
voters. Plaintiff is required to file, no later than July 5, 2024, with Nevada County
Clerks a Petition containing at least 10,095 signatures for validation. After the
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signatures, Plaintiff must file with Defendant, no later than August 9, 2024: (1) the
candidates; (3) a $250.00 filing fee; and, (4) a list of Mr. Kennedy’s six (6)
presidential elector and alternate presidential elector candidates, along with their
required pledge to cast their ballots in the electoral college for the presidential and
candidates. The address for Team Kennedy is: 124 Washington Street, STE 101,
Foxborough, MA 02035.
the chief elections officer of Nevada and has ultimate authority over the
herein. Defendant is the state official charged with accepting the filing of
Plaintiff’s Petition, Declaration of Candidacy for the offices of President and Vice
President, Plaintiff’s list of presidential electors and filing fee. Defendant is the
Plaintiff’s Petition for circulation on January 9, 2024, and after Plaintiff had
secure ballot access for Nevada’s 2024 general election ballot. Defendant is a
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resident of the state of Nevada and maintains offices within this state. Defendant is
V. RELEVANT FACTS
all fifty state ballots for the office of President of the United States for the general
approval before the Petition may be circulated to collect the required number of
signatures;
resident of Nevada;
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11. The Nevada statutes impose conflicting requirements with respect to
whether a Petition for an independent presidential candidate may also include the
12. NRS § 293.200(5) expressly provides the Petition may not contain the
13. The blank form of the Petition published by Defendant at page 13 &
only a single line for a single candidate. (i.e., the Petition provides: “For the Office
14. Notably, the Petition does NOT provide “For the Offices of
to indicate the Petition may provide for candidates for more than 1 office –
consistent with the mandate of NRS § 293.200(5) which prohibits the naming of
governing the filing deadline to secure ballot access and is, itself, ambiguous as to
President.”
both documents (the declaration of candidacy and the Petition) to designate a vice-
the fact that the form of Petition published by Defendant does not provide for
21. While bad advice from Defendant’s staff is not dispositive, the
circulate the Petition without the name of a vice-presidential candidate has the
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force of statutory law which cannot be reversed after approval to circulate has been
expressly granted.
county to Defendant for filing and approval which did not name a vice-presidential
Mr. Kennedy and his team of signature gatherers will then need to use
the same document (previously provided) and update the county
specific to each area signatures are collected. It’s best if the signature
gatherers do it as they collect signatures keeping the pages in order
according to signature number sequence. The signature gatherer will
then get each packet notarized at the end (when completed) and attach
that to the back of the packet.
Thank you,
Heather Hardy
HAVA Administrator
Office of Secretary of State Francisco V. Aguilar
101 North Carson Street, Suite 3
Carson City, NV 89701
(775) 684-7126
[email protected]”
See, Exhibit B.
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24. On January 9, 2024, Plaintiff complied with Defendant’s instructions
and submitted a Petition without the county field populated – but, against without
for re-submitting Mr. Kennedy’s petition. It has been filed with the Secretary of
State’s Office. He may begin gathering signatures now. Please remember the
final day to submit signatures to County Clerks is July 5, 2024. Thank you.”
26. Defendant’s staff represented that the Petition filed with Defendant
candidate must file a copy of the petition with the appropriate filing officer prior to
circulating the document for signatures not earlier than January 2, 2024.
signatures now.” Accordingly, the statutorily required filing and re-filing process
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29. Approval of the Petition by Defendant without the name of a vice-
authority and was not simply bad advice which Defendant is permitted to ignore.
30. As late as March 15, 2024, Defendant’s staff also filed and approved a
Petition by Cornell West, another independent candidate for the office of President
of the United States, which also did not name a vice-presidential candidate. See,
Exhibit C.
and permission to collect signatures on the Petition filed with and approved by
statutory requirement to file the Petition with Defendant prior to circulating the
Petition.
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34. Plaintiff collected approximately 20,000 petition signatures between
January 9, 2024, and the date Defendant communicated his change of position on
37. As noted above, Defendant filed a Petition for Cornell West without
candidate this early in the election cycle is, itself, unconstitutional under the First
and Fourteenth Amendments to the United States and cannot be enforced in 2024.
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40. The requirement for independent presidential candidates to name their
and to later substitute out the name of a “placeholder” for the real vice-presidential
41. Since the decision in Firestone, no state seeking to require the naming
signatures on ballot access petitions imposes the requirement without providing for
43. Parenthetically, the fact Nevada does not provide for a substitution
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exposes an independent presidential candidate to severe burdens not imposed on
Fourteenth Amendment.
46. Imposing a shorter period of time to fully consider and vet potential
47. Major political party candidates are nominated solely on the strength
selection onto the ballot access process for independent presidential candidates
when the major political party presidential candidates are not selected or
49. Case law interpreting the First and Fourteenth Amendments to the
United States Constitution do not permit states to impose both the requirement to
collect petition signatures and to pay a filing fee to secure ballot access.
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50. Any filing fee, beyond a nominal amount, must provide for a bypass
to paying the fee, which in almost every state is the collection of petition signatures
Plaintiff under the First and Fourteenth Amendments to the United States
Constitution.
COUNT I
(Claim for Equitable Estoppel in Support of Injunction)
54. Plaintiff reasserts each preceding allegation as if set forth fully herein.
55. Nevada statutes prohibit the naming of more than one candidate on a
Petition.
56. The form of Petition published by Defendant provides for the naming
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58. After Plaintiff’s Petition was re-filed with Defendant on January 8,
with the statutory prohibition against naming more than one candidate on a
Petition.
candidates.
after Plaintiff had paid for the collection of approximately 20,000 signatures on the
Plaintiff, both in terms of the cost of collecting new signatures and the threat of a
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64. Accordingly, under principles of equitable estoppel Defendant must
candidate on Petitions.
COUNT II
(Violation of Equal Protection Clause of the Fourteenth Amendment)
65. Plaintiff reasserts each preceding allegation as if set forth fully herein.
major political party presidential candidates are required to name their vice-
67. Nevada does not provide a statutory right for independent presidential
can be substituted for the real vice-presidential candidate at the same time major
candidates.
offends the Equal Protection Clause of the Fourteenth Amendment to the United
COUNT III
(Violation of First & Fourteenth Amendments)
69. Plaintiff reasserts each preceding allegation as if set forth fully herein.
collect ballot access signatures and pay a filing fee violates precedent establishing
the First and Fourteenth Amendments to the United States Constitution mandates
that the States provide an opt-out of paying anything other than a de minimus filing
fee.
71. A $250.00 filing fee exceeds the definition of a de minimus filing fee.
guaranteed to Plaintiff under the First and Fourteenth Amendments to the United
States Constitution for which Plaintiff respectfully demands the relief requested in
this action.
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(A) Enter emergency preliminary injunctive relief against Defendant’s
presidential candidate;
presidential candidate and subsequent substitution of the “placeholder” for the real
vice-presidential candidate no later than the date major political party candidates
from enforcing the $250.00 filing fee imposed under NRS § 198.109(1);
presidential candidate and subsequent substitution of the “placeholder” for the real
vice-presidential candidate no later than the date major political party candidates
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(F) Declare unconstitutional the requirement to name a vice-presidential
the “placeholder” for the real vice-presidential candidate no later than the date
candidates;
(G) Award such other and further relief as the Court deems necessary or
proper; and,
U.S.C. § 1988.
Respectfully submitted,
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