Robert F. Kennedy Jr., a third-party presidential candidate, has initiated legal proceedings against the North Carolina State Board of Elections. The lawsuit, filed in Wake County Superior Court, aims to compel the board to remove Kennedy's name from the state's November ballot.
This legal action follows Kennedy's recent campaign suspension and endorsement of the Republican nominee. The move is part of Kennedy's strategy to withdraw from battleground state ballots to avoid potentially influencing the election outcome in favor of the Democratic candidate.
The North Carolina State Board of Elections rejected Kennedy's request to be removed from the ballot, citing practical constraints. The board stated that reprinting ballots would be unfeasible given the imminent start of absentee voting on September 6, 2024. According to the board, 1,730,000 ballots have already been printed with Kennedy's name.
In his lawsuit, Kennedy alleges that the elections board violated North Carolina law by denying his request. He argues that the board applied a subjective "practicality" standard in its decision, despite Kennedy following proper protocols for name removal.
Kennedy's legal team is seeking an immediate judgment, emphasizing the urgency due to the approaching November election and upcoming ballot deadlines. This situation highlights the complexities surrounding ballot access and removal for third-party candidates in the United States.
The Kennedy campaign's strategy involves maintaining ballot presence in solidly red and blue states while attempting to withdraw from critical battleground states. This approach aims to prevent unintentionally swaying the election towards the Democratic candidate, with whom Kennedy disagrees on key issues such as censorship, war, and chronic disease.
Interestingly, Kennedy's journey to the North Carolina ballot began in mid-July 2024 when the state elections board recognized his "We The People" party. This party was created by Kennedy to facilitate greater ballot access, a common challenge for third-party candidates in the U.S. electoral system.
"Our polling consistently showed that by staying on the ballot in the battleground states, I would likely hand the election over to the Democrats, with whom I disagree on the most existential issues — censorship, war and chronic disease."
The situation in North Carolina contrasts with outcomes in other states. Arizona and Florida granted Kennedy's removal requests, while Nevada and Pennsylvania also removed him from their general election ballots. However, Kennedy remains on the ballots in Michigan and Wisconsin, where state laws prevent removal of nominated and qualified candidates unless they die.
The North Carolina elections board's decision to deny Kennedy's request was made in a 3-2 vote along party lines. The board cited significant logistical and financial challenges associated with reprinting ballots, estimating that new ballots would not be available until mid-September 2024 at the earliest.
This case underscores the intricate nature of U.S. election procedures, where state-specific laws and practical considerations can significantly impact candidate representation on ballots. As the November 2024 election approaches, the outcome of Kennedy's lawsuit could have implications for voter choices in North Carolina, a key battleground state in the presidential race.