RFK Jr. Challenges Debate Criteria
Robert F. Kennedy Jr. has filed a complaint with the Federal Election Commission (FEC) over his exclusion from the first presidential debate scheduled for June 27 in Atlanta. Kennedy alleges that President Joe Biden’s and former President Donald Trump’s campaigns colluded with CNN to keep him off the debate stage.
Violation of Election Campaign Act
Kennedy’s letter to the FEC argues that CNN’s debate criteria violate the Federal Election Campaign Act. According to the complaint, CNN is illegally imposing different participation criteria for Kennedy compared to Biden and Trump. The press release accompanying the letter states, “The complaint establishes that because CNN is illegally demanding that Kennedy meet different criteria to participate than Presidents Biden and Trump, its debate is a large prohibited campaign contribution to Biden and Trump.”
Importance of Debate Inclusion
Earning a spot in the presidential debates is crucial for third-party candidates. It validates their candidacy and provides a platform to present their policy views. Kennedy’s exclusion is seen as detrimental to his campaign, as it prevents him from gaining the same level of credibility and exposure as Biden and Trump.
Accusations Against Biden and Trump
This is not the first time Biden and Trump have faced accusations of manipulating rules to benefit their campaigns. Biden has reordered the Democratic primary calendar, moving South Carolina to the front, which some interpret as a move to suppress potential primary challengers. Trump’s influence over state parties has led to changes in delegate awarding processes in Nevada and Michigan, favoring his campaign.
Legal Requirements and Debate Criteria
Kennedy’s letter asks the FEC to consider the law requiring debate qualification requirements to be “pre-established” before naming candidates. The letter alleges that CNN is setting different criteria for Kennedy, violating this requirement. The debates between Biden and Trump are not hosted by the Commission on Presidential Debates, which typically organizes these events. Instead, CNN adopted similar criteria, including eligibility based on polling and ballot access in enough states to hypothetically reach 270 Electoral College votes.
CNN’s Response and Eligibility Criteria
CNN maintains that its criteria are lawful. A CNN spokesperson stated, “As the presumptive nominees of their parties both Biden and Trump will satisfy this requirement. As an independent candidate, under applicable laws RFK Jr. does not. The mere application for ballot access does not guarantee that he will appear on the ballot in any state.” The spokesperson added that Kennedy does not currently meet the polling criteria set before issuing invitations to the debate.
Additional Complaints and Legal Opinions
The Kennedy campaign is not alone in its criticism. The Center for Competitive Democracy also sent a letter to CNN and both campaigns, raising similar legal concerns. Additionally, law professor Derek Muller questioned the debate criteria in a post for the Election Law Blog.
Awaiting FEC Response
Kennedy’s letter requests a response from the FEC by June 20, the final day to qualify for the debate.
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