Robert F. Kennedy Jr., the independent presidential candidate, has filed a complaint with the Federal Election Commission (FEC), accusing CNN, President Joe Biden, and former President Donald Trump of flagrant violations of the Federal Election Campaign Act (FECA).
The core of the issue revolves around the criteria set by CNN for its upcoming presidential debate, which Kennedy argues are designed to exclude him unfairly.
According to the complaint filed by the Kennedy campaign, CNN’s debate qualification rules, which require candidates to receive at least 15% in four national polls and be on the ballot in enough states to reach 270 electoral votes, amount to an illegal campaign contribution to Biden and Trump.
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The complaint argues that these criteria were specifically crafted to keep Kennedy off the stage, violating the FEC’s requirement for “pre-established” and “objective” debate criteria.
The Kennedy campaign has been actively working to secure ballot access, with the ticket currently eligible for 171 electoral votes across nine states, including California, Delaware, Hawaii, Michigan, New Jersey, New York, Oklahoma, Texas, and Utah. Additionally, Kennedy has already met three of the four national polling thresholds set by CNN, with recent surveys from Marquette Law School, CNN, and Quinnipiac placing him at 17%, 16%, and 16%, respectively.
The complaint alleges that CNN has “colluded” with the Biden and Trump campaigns to schedule the debate and set criteria designed to exclude Kennedy. This, according to the complaint, is a clear violation of FECA, as it amounts to prohibited corporate contributions from the media outlet to the two major-party candidates.
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The complaint further argues that CNN is applying different standards to Kennedy compared to Biden and Trump, who are being admitted to the debate without having to satisfy the electoral vote criteria. This, the Kennedy campaign claims, is a direct violation of the FEC’s requirement for “pre-established” and “objective” debate criteria.
“By demanding our campaign meet different criteria to participate in the debate than Presidents Biden and Trump, CNN’s debate violates FEC law and is a large prohibited corporate contribution to both the Biden and Trump campaigns,” said Kennedy in a release.
The outcome of this FEC complaint could have significant implications for the 2024 presidential election. If the FEC finds merit in the Kennedy campaign’s allegations, it could potentially lead to the postponement or even cancellation of the CNN debate, potentially reshaping the entire electoral landscape.
Interestingly, the Kennedy campaign has also released results from a Zogby poll showing the independent candidate beating both Biden and Trump in head-to-head matchups. This underscores Kennedy’s potential electability and challenges the notion that he is a “long-shot” candidate, as he has been described.
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To ensure his presence on the ballot in all 50 states and the District of Columbia, the Kennedy campaign has an aggressive ballot access plan that is fully funded with more than $15 million raised. This demonstrates the campaign’s commitment to securing a spot on the national stage.
The FEC complaint also raises broader questions about the role of media outlets in the electoral process. If the allegations of collusion and unfair debate criteria are proven true, it could further erode public trust in the media’s ability to maintain neutrality and fairness in the coverage of political candidates.
The Kennedy campaign is urging the FEC to “find reason to believe that the Parties have violated the Federal Election Campaign Act” and to “enjoin the Parties from holding the presidential debate scheduled for June 27, 2024 until the Parties have come into compliance with the Federal Election Campaign Act.”
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