IN THE UNTIED STATES DISTRICT COURT

FOR THE DISTRICT OF NEVADA

TEAM KENNEDY, :
:
Plaintiff, :
: COMPLAINT #______________
vs. :
:
FRANCISCO V. AGUILAR, in his official :
capacity as the Nevada Secretary of State, :
:
Defendant. :

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF

I. INTRODUCTION

1. Plaintiff Team Kennedy (hereinafter “Plaintiff” or “Team Kennedy),

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

official in charge with primary enforcement of the statutory provisions challenged

in this action.

2. Based on the doctrine of equitable estoppel, Plaintiff requests

emergency preliminary and permanent injunctive relief against Defendant from

enforcing his new interpretation of ambiguous and conflicting statutory provisions

governing the circulation requirements of ballot access petitions for independent

presidential candidates against Plaintiff and now requiring Plaintiff, after having

collected the required number of petition signatures, to have named a vice-

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presidential candidate on nomination petitions to secure ballot access after the

required statutory approval was provided by Defendant on January 9, 2024 – a

nomination petition which did not name Robert F. Kennedy Jr’s, running-mate,

who was not selected until March 26, 2024.

3. Plaintiff also requests preliminary and permanent injunctive and

declaratory relief against Defendant requiring independent presidential candidates

to name their vice-presidential candidate months before the major political party

presidential candidates are required to name their vice-presidential running-mates

in violation of the Equal Protection Clause of the Fourteenth Amendment to the

United States Constitution.

4. Plaintiff also requests preliminary and permanent injunctive relief

against the $250.00 filing fee imposed on independent presidential candidates as a

violation of rights guaranteed to Plaintiff under the First and Fourteenth

Amendments to the United States Constitution.

II. JURISDICTION

5. Jurisdiction lies in this Court under 28 U.S.C. § 1331, providing that

district courts shall have original jurisdiction over all actions arising under the

Constitution of the United States. Moreover, jurisdiction lies under 42 U.S.C.

§§ 1983, 1988 and 28 U.S.C. § 1343(a), the jurisdictional counterpart of 42 U.S.C.

§ 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

Nevada under 28 U.S.C. § 1391 as Defendant exercises his authority exclusively

within this district and maintains his office within this district and all the operative

acts and/or omissions have or will occur within this district.

IV. PARTIES

7. Team Kennedy is the principal campaign committee to elect Robert F.

Kennedy Jr., to the office of President of the United States at the 2024 general

election. Team Kennedy is a registered campaign committee with the Federal

Elections Commission. Team Kennedy filed FEC Form 1, Statement of

Organization on April 5, 2023. Team Kennedy’s FEC Committee I.D. Number is

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

file with Defendant a master copy of the “Independent Petition of Candidacy”

(hereinafter the “Petition”) before Team Kennedy is permitted to lawfully circulate

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

County Clerks validate Plaintiff has collected a sufficient number of valid

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signatures, Plaintiff must file with Defendant, no later than August 9, 2024: (1) the

Petition; (2) a Declaration of Candidacy for the presidential and vice-presidential

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

vice-presidential candidates who nominated them as presidential elector

candidates. The address for Team Kennedy is: 124 Washington Street, STE 101,

Foxborough, MA 02035.

8. Defendant Francisco V. Aguilar is the Nevada Secretary of State and

the chief elections officer of Nevada and has ultimate authority over the

enforcement of the Nevada Election Code, including the provisions challenged

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

official who changed Nevada’s interpretation of conflicting statutes governing the

circulation of Petitions on or about March 15, 2024, after having approved

Plaintiff’s Petition for circulation on January 9, 2024, and after Plaintiff had

completed the collection of the required number of signatures on the Petition to

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

a state actor within the meaning of 42 U.S.C. §1983.

V. RELEVANT FACTS

9. Plaintiff is charged with placing the name of Robert F. Kennedy Jr., on

all fifty state ballots for the office of President of the United States for the general

election scheduled to be held on November 5, 2024.

10. To secure access to Nevada 2024 general election ballot, Plaintiff is

required to complete the following statutory mandates:

(a) Submit a fully populated form of a Petition to Defendant for

approval before the Petition may be circulated to collect the required number of

signatures;

(b) Collect 10,095 valid signatures from registered voters and

resident of Nevada;

(c) File, no later than July 5, 2024, Plaintiff’s Petitions with

Nevada’s County Clerks to verify Plaintiff’s Petition signatures; and,

(d) File, no later than August 9, 2024, with Defendant Plaintiff’s

verified Petitions; a Declaration of Candidacy for the presidential and vice-

presidential candidate; a list of 6 presidential electors and alternate electors and a

filing fee of $250.00.

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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

name of a vice-presidential candidate.

12. NRS § 293.200(5) expressly provides the Petition may not contain the

name of more than one candidate for each office to be filled.

13. The blank form of the Petition published by Defendant at page 13 &

14 of Defendant’s “State of Nevada Presidential Candidate Guide 2024” provides

only a single line for a single candidate. (i.e., the Petition provides: “For the Office

of ________________.”) See, Exhibit A.

14. Notably, the Petition does NOT provide “For the Offices of

_________________.” There is no plural on the Petition published by Defendant

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

more than 1 candidate on a Petition. See, Exhibit A.

15. The first statutory reference to the naming of a vice-presidential

candidate by an independent presidential candidate is under the provision

governing the filing deadline to secure ballot access and is, itself, ambiguous as to

which document or documents must name a vice-presidential candidate.

16. NRS § 298.109 provides, in relevant part:

“1. A person who desires to be an independent candidate for the office

of President of the United States must, not later than 5 p.m. on the
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 second Friday in August in each year in which a presidential election is
to be held, pay a filing fee of $250 and file with the Secretary of State
a declaration of candidacy and a petition of candidacy, in which the
person must also designate a nominee for Vice President.”

17. The declaration of candidacy required to be filed at the same time as

the Petition must be executed by both the presidential and vice-presidential

candidate, satisfying the statutory requirement to “designate a nominee for Vice

President.”

18. On the other hand, NRS § 298.109 could be interpreted as requiring

both documents (the declaration of candidacy and the Petition) to designate a vice-

presidential candidate. Such interpretation, however, cannot be squared with NRS

§ 293.200(5) which prohibits the naming of more than 1 candidate on a Petition or

the fact that the form of Petition published by Defendant does not provide for

multiple candidates to be named on a Petition.

19. Furthermore, Defendant’s “State of Nevada Presidential Candidate

Guide – 2024” at no time provides any “guide” to name a vice-presidential

candidate on the Petition.

20. Every communication with Defenant’s staff on this issue repeatedly

confirmed that a vice-presidential candidate could not be named on the Petition.

21. While bad advice from Defendant’s staff is not dispositive, the

statutory requirement to file the Petition and approval received by Defendant to

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.

22. On January 5, 2024, Plaintiff submitted a populated Petition for each

county to Defendant for filing and approval which did not name a vice-presidential

candidate. See, Exhibit B.

23. In response to Plaintiff’s initial filing of the Petition, Defendant’s staff

responded on January 8, 2024:

“Good morning. Please submit Mr. Kennedy’s petition without the

County filled in. You only need to file a copy of one page with us.

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

the name of a vice-presidential candidate. See, Exhibit B.

25. In response, Defendant’s staff responded: “Good Morning, Thank you

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.”

(emphasis added). See, Exhibit B.

26. Defendant’s staff represented that the Petition filed with Defendant

without the name of a vice-presidential candidate permitted Mr. Kennedy to “begin

gathering signatures now.”

27. NRS § 293.200(1)(a) imposes the statutory requirement that the

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.

28. The filing process of the Petition mandated by NRS § 293.200(1)(a)

included Defendant’s instruction that Mr. Kennedy “may begin gathering

signatures now.” Accordingly, the statutorily required filing and re-filing process

included an express approval of the Petition by Defendant.

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 29. Approval of the Petition by Defendant without the name of a vice-

presidential candidate resulted directly from an exercise of Defendant’s statutory

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.

31. Approval of Plaintiff’s Petition as part of an exercise of Defendant’s

statutory authority to file a Petition before circulation may begin, prevents

Defendant from imposing a new interpretation on the conflicting statutory

provisions, detailed above, governing the circulation of Petitions for independent

candidates for the office of President of the United States.

32. Equitable estoppel prevents Defendant from reversing the approval

and permission to collect signatures on the Petition filed with and approved by

Defendant on January 9, 2024.

33. Plaintiff relied on the approval granted by Defendant as part of the

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

the naming of vice-presidential candidates on the Petition.

35. Defendant has publicly represented he advised all independent

presidential candidates of his interpretation of the statutes as requiring the name of

a vice-presidential candidate on Petition sometime on or about March 15, 2024.

36. Plaintiff never received any such communication from Defendant.

37. As noted above, Defendant filed a Petition for Cornell West without

the name of a vice-presidential candidate as late as March 15, 2024.

38. Defendant materially changed his position on the requirement to name

a vice-presidential candidate on Petitions after Plaintiff had reasonably relied on

Defendant’s initial misrepresentation made as part of Defendant’s exercise of a

statutorily mandated process.

39. Even IF, Defendant’s current interpretation is correct that a vice-

presidential candidate must be named on the Petition and IF equitable estoppel

does not prevent Defendant from enforcing Defendant’s new interpretation on

Plaintiff in this election cycle, the requirement to name a vice-presidential

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

vice-presidential candidate earlier than the major political parties without a

statutory provision to permit the use of a “placeholder” vice-presidential candidate

and to later substitute out the name of a “placeholder” for the real vice-presidential

candidate is a violation of the Equal Protection Clause of the Fourteenth

Amendment to the United States Constitution. Anderson v. Firestone, 499 F.Supp.

1027 (N.D. Fla. 1980).

41. Since the decision in Firestone, no state seeking to require the naming

of a vice-presidential candidate as a condition precedent to the lawful collection of

signatures on ballot access petitions imposes the requirement without providing for

a statutory substitution process of a “placeholder” vice-presidential candidate to

protect rights afforded under the Equal Protection Clause.

42. Nevada does not provide a statutory process to use a “placeholder”

vice-presidential candidate followed by a substitution process for an independent

candidate’s real vice-presidential candidate.

43. Parenthetically, the fact Nevada does not provide for a substitution

process is further evidence that Defendant’s new interpretation of Nevada’s

Petition requirements is at odds with proper statutory interpretation.

44. The requirement to name a vice-presidential candidate so early in the

election calendar just to permit collection of ballot access petition signatures

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exposes an independent presidential candidate to severe burdens not imposed on

major political party presidential candidates and is, therefore, an unequal

application of the laws in violation of the Equal Protection Clause of the

Fourteenth Amendment.

45. The selection of a vice-presidential candidate is the most important

decision confronting any presidential candidate.

46. Imposing a shorter period of time to fully consider and vet potential

vice-presidential candidates exposes an independent campaign to increased risk of

a flawed decision triggering severe consequences from the voters.

47. Major political party candidates are nominated solely on the strength

of the presidential candidate’s qualities. Vice-presidential selection is not a subject

of voter approval or nomination.

48. As a result, there is no basis in law to graft the vice-presidential

selection onto the ballot access process for independent presidential candidates

when the major political party presidential candidates are not selected or

nominated by the voters based on vice-presidential considerations.

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

to eliminate frivolous candidates from the general election ballot.

51. The imposition of both requirements eliminates the ability to bypass

the paying of a filing fee.

52. Accordingly, the $250.00 filing fee impairs rights guaranteed to

Plaintiff under the First and Fourteenth Amendments to the United States

Constitution.

53. Plaintiff has no other remedy available at law.

VI. CAUSES OF ACTION

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

of only 1 candidate on a Petition.

57. Pursuant to statutory requirement, Plaintiff filed a Petition with

Defendant which does not name a vice-presidential candidate.

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 58. After Plaintiff’s Petition was re-filed with Defendant on January 8,

2024, with edits requested by Defendant, Defendant represented to Plaintiff on

January 9, 2024, that Plaintiff “may begin gathering signatures now.”

59. Plaintiff reasonably relied on Defendant’s representation that

Defendant’s approval of Plaintiff’s Petition could be circulated without the name of

a vice-presidential candidate named on the Petition – a representation consistent

with the statutory prohibition against naming more than one candidate on a

Petition.

60. On or about March 15, 2024, Defendant announced that vice-

presidential candidate must be named on a Petition for independent presidential

candidates.

61. Defendant’s change of position on the requirement to name a vice-

presidential candidate on a Petition renders Defendant’s initial approval of

Plaintiff’s petition a misrepresentation.

62. Defendant’s misrepresentation/change of position was announced

after Plaintiff had paid for the collection of approximately 20,000 signatures on the

Petition originally filed and approved by Defendant.

63. Defendant’s misrepresentation/change of position is detrimental to

Plaintiff, both in terms of the cost of collecting new signatures and the threat of a

denial of ballot access in Nevada.

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 64. Accordingly, under principles of equitable estoppel Defendant must

be preliminarily and permanently enjoined from enforcing Defendant’s new

interpretation of the ambiguous and conflicting statutory provisions governing the

circulation of Petitions in Nevada with respect to the naming of a vice-presidential

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.

66. To the extent Nevada statutes require independent presidential

candidates to name a vice-presidential candidate on a Petition several month before

major political party presidential candidates are required to name their vice-

presidential candidates, the failure of Nevada to provide a statutory “placeholder”

and substitution process for independent vice-presidential candidates is an unequal

application of the law.

67. Nevada does not provide a statutory right for independent presidential

candidates to name a “placeholder” vice-presidential candidate on a Petition which

can be substituted for the real vice-presidential candidate at the same time major

political party presidential candidates are required to name their vice-presidential

candidates.

68. Accordingly, to the extent Nevada requires independent presidential

candidates to name their vice-presidential candidates on their Petition, in the

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absence of a statutory “placeholder” and substitution process, the requirement

offends the Equal Protection Clause of the Fourteenth Amendment to the United

States Constitution for which Plaintiff respectfully demands requested relief

requested in this action.

COUNT III
(Violation of First & Fourteenth Amendments)

69. Plaintiff reasserts each preceding allegation as if set forth fully herein.

70. Nevada’s requirement that independent presidential candidates both

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.

72. Accordingly, the mandatory $250.00 filing fee impairs rights

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.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

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 (A) Enter emergency preliminary injunctive relief against Defendant’s

requirement Petitions for independent presidential candidates name a vice-

presidential candidate;

(B) In the alternative to (A), above, enter emergency preliminary

injunctive relief enjoining NRS § 298.109(1) with respect to any requirement

imposed on independent presidential candidates to name a vice-presidential

candidate in the absence of a statutory right to name a “placeholder” vice-

presidential candidate and subsequent substitution of the “placeholder” for the real

vice-presidential candidate no later than the date major political party candidates

are permitted to name their vice-presidential candidates;

(C) Enter emergency preliminary injunctive relief enjoining Defendant

from enforcing the $250.00 filing fee imposed under NRS § 198.109(1);

(D) Enter permanent injunctive relief enjoining Defendant from enforcing

any requirement under NRS § 298.109(1) to name a vice-presidential candidate on

a Petition in the absence of a statutory right to name a “placeholder” vice-

presidential candidate and subsequent substitution of the “placeholder” for the real

vice-presidential candidate no later than the date major political party candidates

are permitted to name their vice-presidential candidates;

(E) Enter permanent injunctive relief enjoining Defendant from enforcing

the $250.00 filing fee imposed under NRS § 198.109(1);

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 (F) Declare unconstitutional the requirement to name a vice-presidential

candidate under NRS § 298.109(1) on a Petition in the absence of a statutory right

to name a “placeholder” vice-presidential candidate and subsequent substitution of

the “placeholder” for the real vice-presidential candidate no later than the date

major political party candidates are permitted to name their vice-presidential

candidates;

(G) Award such other and further relief as the Court deems necessary or

proper; and,

(H) Award Plaintiff’s reasonable attorney fees and costs pursuant to 42

U.S.C. § 1988.

Respectfully submitted,

Dated: May 14, 2024 __/s/ Paul A. Rossi__________

Paul A. Rossi, Esq.
IMPG Advocates
Counsel for Plaintiff
316 Hill Street
Suite 1020
Mountville, PA 17554
717.961.8978
[email protected]

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