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The clock is ticking for independent candidate Robert F. Kennedy Jr. to qualify for next week’s presidential debate hosted by CNN. Kennedy’s campaign must demonstrate no later than 11:59 p.m. Wednesday that he is on enough statewide ballots and meets a specific polling threshold to participate, but it’s not looking likely.
The cable network requires that participating candidates be legally able to run for president—per Article II, Section 1 of the US Constitution—in addition to filing a formal statement of candidacy with the Federal Election Commission. President Joe Biden and former President Donald Trump both clear these bars—and so do candidates Cornel West, Jill Stein, and RFK Jr.
The network also requires that debaters appear on enough state ballots to reach the 270 electoral votes needed to win a presidency and receive at least 15% in four separate approved national polls of registered or likely voters.
Since early June, Kennedy’s team has claimed he is on the ballot in enough states to take the stage. But the numbers don’t add up.
For months, Kennedy has been strategically navigating how to get on ballots across the country, and each state has specific election laws concerning independent candidates. Typically, those trying to get into the mix have two options: gain enough signatures to petition to be on the ballot or be nominated by an established political party in the state. Kennedy has been trying both.
According to reporting by The Washington Post, a “survey of state election officials found Kennedy is not on the ballot in several states where he has claimed he is — and he will not reach the requirement by Thursday’s deadline.”
Election officials in Utah, Delaware, Oklahoma, Michigan, and Tennessee have confirmed Kennedy’s place on the ballot, and CNN has counted California and Hawaii, where Kennedy is poised to be the nominee of minor parties. Altogether, that’s 100 electoral votes. He is also yet to meet the polling requirements.
A ballot effort tracking map on Kennedy’s campaign website highlights 23 states as “Petitioning Complete” and claims that the independent candidate is eligible for 310 electoral votes. A “We’re on the ballot” message pops up when clicking on a highlighted state. Yet, as New York Board of Elections spokeswoman Kathleen McGrath told the Post, “‘petitioning complete’ is accurate, the statement below, ‘We’re on the ballot’ is premature.”
Kennedy campaign spokeswoman Stefanie Spear told the Post that even questioning the candidate’s failure to meet the 270 electoral votes requirement was “nonsensical.”
The June 27 debate in Atlanta will be the first time Biden and Trump face off since fall 2020. Kennedy—who claimed his brain was partially eaten by a worm that crawled inside and died, and then later said that he could eat five more brain worms and “still beat President Trump and President Biden in a debate”—would really like to be there.
While Biden and Trump must also meet CNN’s polling and electoral vote prerequisites, it’s a bit different for them. As the presumptive nominees for both of their parties, most states will automatically allow them ballot access without having to petition, a CNN spokesperson has clarified.
In May, Kennedy’s campaign filed a complaint with the Federal Election Commission, alleging that CNN, Biden, and Trump colluded and engaged in “flagrant violations” of the law to keep Kennedy off the stage.
The campaign called on the FCC to take action before the Thursday deadline, according to a June 18 press release, and claimed that “CNN, and every member of CNN who is participating in planning, executing, and holding this debate, is at risk of prosecution. “This risk,” the release continues, “is now acute given that any further violation would be knowing and willful, and thus could carry with it serious jail time.”
“The bottom line is he is eligible for more electoral votes than both Presidents Trump and Biden,” Spear wrote in an email to the Post.
For the candidates who do get to take the stage next week, CNN has implemented some other rules, too.
The 90-minute debate, hosted by CNN’s Jake Tapper and Dana Bash, will feature mics that can be muted and have no studio audience, as part of the moderators’ effort to “use all tools at their disposal to enforce timing and ensure a civilized discussion,” according to the network. There will be no opening statements, and no prewritten notes will be allowed. Each candidate will be given a pen, notepad, and a bottle of water at their podium, chosen by the flip of a coin.
While CNN said on Saturday that it’s “not impossible” for Kennedy to meet the guidelines, time is running out. And for RFK Jr., this is personal.
“Presidents Trump and Biden are colluding to lock America into a head-to-head match-up,” he posted on X, formerly known as Twitter. “They are trying to exclude me from their debate because they are afraid I would win.”
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