Senator Ron Wyden has filed a complaint with the U.S. Office of the Special Counsel, alleging that Health Secretary Robert F. Kennedy Jr. violated the Hatch Act through calls made to third-party candidates in Iowa. The complaint, submitted Monday, asserts that Kennedy urged Libertarian candidates Marco Battaglia and Rick Stewart to withdraw from their respective congressional races in Iowa's 2nd and 3rd districts.
Wyden, an Oregon Democrat and ranking member of the Senate Finance Committee, stated that Kennedy's actions constitute an unlawful interference in elections that the Trump administration aims for Republican candidates to win. "Kennedy has spent sixteen months using his official position to undermine the health and well-being of his fellow Americans, and now he is using his official position to undermine the integrity of democratic elections too," Wyden said in a statement.
The calls in question reportedly occurred on June 8 with Battaglia and June 11 with Stewart. Both districts are considered highly competitive, and Libertarian candidates have previously garnered 2-3% of the vote. Republicans had filed challenges to Battaglia and Stewart's candidacies, resulting in Battaglia's removal from the ballot while Stewart's case remains under appeal.
Stephanie Berlin, chair of the Libertarian Party of Iowa, confirmed that Libertarian candidates often face pressure from the two major parties to withdraw. "They don’t want our people in there. They feel we are spoilers," Berlin stated. "This is just another example of the major two parties trying to strangle us out of ballot access."
Berlin was present during Stewart's recorded call with Kennedy. According to a copy shared with The Associated Press, Kennedy offered to be Stewart's "liaison with the White House" and suggested they could "make an agreement that puts me in a position where I can make a real difference in people’s lives." He also stated, "I don’t want to be fighting subpoenas for the next two years instead of improving America’s health. So for me, there’s an immediate, pragmatic reason for this phone call."
Stewart told the AP that while he felt Kennedy wanted him to drop out, he believed Kennedy attempted to remain within legal boundaries. "That’s how all politics works. Everybody does their best to avoid breaking the rules, but they also do their best to go around the rules," Stewart said.
Wyden characterized Kennedy's offer of federal employment as an illegal quid pro quo. Citizens for Responsibility and Ethics in Washington president Donald Sherman echoed this sentiment, calling Kennedy's invocation of his official position and responsibilities as health secretary a "clear violation" of the Hatch Act.
Sherman noted that while such calls could be made legally from a personal phone without reference to government duties, Kennedy's statements blurred the line between his roles as a government employee and a private citizen. Historically, other senior government officials have faced Hatch Act complaints, including during the Trump administration and regarding comments made by former Biden press secretary Karine Jean-Pierre. Penalties for such violations are uncommon.