Robert F. Kennedy Jr. sues to get his name removed from NC’s ballot
Robert F. Kennedy Jr. sued the North Carolina State Board of Elections Friday after it refused to remove his name from the 2024 ballot as a third-party presidential candidate.
“By refusing to acknowledge Kennedy’s statutory rights and entitlements, defendants have irreparably harmed him,” the lawsuit, filed in Wake County Superior Court, said. “Even worse, by forcing Kennedy to remain on the ballot against his will, defendants are compelling speech in violation of (the Constitution.)“
Kennedy, who created a new political party called “We The People” to run for president in North Carolina, suspended his campaign last week and endorsed Republican former President Donald Trump.
Earlier this week, WTP formally requested that Kennedy’s name be removed from the state’s 2024 ballots.
In a contentious meeting, the state board’s Democratic majority voted to deny this request, saying that it would be impractical to remove him at this point given that over half of the counties have already begun printing ballots, the first of which will be sent out on Sept. 6.
The two Republicans on the board disagreed, saying they believed the board had the authority to delay the statutory deadline for absentee ballots being sent out.
Kennedy’s lawsuit argues that “practicality” is not a valid legal standard for denying his request. It also states that the board was aware of his intention to be removed from the ballot before the official request was made to do so, but the board continued to allow ballots to be printed with his name on them.
“Thus to the extent NCSBE claims it is ‘impractical’ to remove him from the ballot, it is an issue of NCSBE’s own making,” the lawsuit said.
The board’s executive director, Karen Brinson Bell, told board members that any pause in ballot printing could have caused the state to miss its statutory deadline for sending out absentee ballots.
That deadline could also complicate any court intervention on Kennedy’s lawsuit. The first ballots, with Kennedy’s name on them, will be sent out on Friday.
Brinson Bell said reprinting the ballots without his name could cost in the “high six-figure range” and take 12 to 13 days.
Barring any court intervention, Kennedy’s name will appear on the ballot and any votes for him will be counted.
This story was originally published August 30, 2024 at 6:38 PM.
