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RFK Jr. Takes Legal Action Against North Carolina Election Board to Remove Name Ballot

 September 1, 2024

Robert F. Kennedy Jr. has initiated legal action against the North Carolina State Board of Elections in an effort to have his name removed from the state’s 2024 presidential election ballot.

Kennedy, who previously suspended his campaign and endorsed former President Donald Trump, filed the lawsuit in Wake County Superior Court on Friday in a legal move that follows the board’s decision to reject his request for withdrawal, leading Kennedy to seek immediate relief, claiming a violation of state election law and his right to free speech, as ABC News reports.

Kennedy’s attempt to withdraw his name in North Carolina comes as he plans to stay on the ballot in other states, such as New York. His lawsuit argues that the North Carolina State Board of Elections’ decision not to remove his name violates state election law and impinges on his First Amendment rights.

Kennedy’s Campaign Suspension and Legal Pursuits

Kennedy suspended his presidential campaign in August, aligning himself with Trump. As part of his withdrawal strategy, he sought to remove his name from the ballot in key battleground states like North Carolina.

However, the North Carolina State Board of Elections, in a closely contested vote, denied this request. The board’s decision was split along party lines, with the three Democratic members outvoting the two Republicans on Thursday.

The board's rejection was partly based on the fact that 67 of the state’s 100 counties had already begun printing ballots. The primary vendor for most of these counties has already printed more than 1.7 million ballots, and reprinting would be costly and logistically challenging. The first batch of ballots is scheduled to be sent out by September 6, leaving little time for changes.

Legal Arguments and Immediate Relief

In his lawsuit, Kennedy asserts that the board’s decision has forced him to seek judicial intervention to protect his rights.

“With November election looming and ballot deadlines fast-approaching, Kennedy has no choice but to turn to this Court for immediate relief,” the lawsuit states. The legal action emphasizes the urgency of the matter as the general election approaches, with Kennedy arguing that the board’s refusal to remove his name could cause irreparable harm.

Board executive director Karen Brinson Bell defended the board’s decision, noting the complexities involved in printing election ballots.

“When we talk about the printing a ballot we are not talking about ... pressing ‘copy’ on a Xerox machine. This is a much more complex and layered process,” Bell explained, underscoring the logistical difficulties of reprinting the ballots at this stage.

Ballot Printing Process and Election Deadlines

The lawsuit also highlights the logistical challenges of reprinting ballots. North Carolina’s election process is already well underway, with counties having committed to their printing schedules. Changing the ballot design or content at this stage could lead to significant delays and increased costs, factors that the board cited in its decision to reject Kennedy’s request.

The North Carolina State Board of Elections is under pressure to ensure that ballots are sent out on time. The first batch of ballots is due to be mailed by Sept. 6, making any alterations to the ballot a challenging prospect. Kennedy’s lawsuit, however, argues that his constitutional rights outweigh the logistical concerns raised by the board.

Potential Impact on the 2024 Election

The outcome of Kennedy’s legal battle could have significant implications for the 2024 presidential election in North Carolina. As a state with a critical role in national elections, any changes to the ballot could influence voter turnout and the overall outcome. Kennedy’s decision to withdraw from the race while remaining on the ballot in other states adds another layer of complexity to the situation.

Kennedy’s endorsement of Trump and his subsequent efforts to remove his name from the North Carolina ballot reflect a strategic shift in his political stance.

His legal team argues that forcing him to remain on the ballot against his will violates both state and federal laws, and they are seeking a court order to compel the board to remove his name.

Conclusion

Robert F. Kennedy Jr.'s legal challenge against the North Carolina State Board of Elections is a significant development in the lead-up to the 2024 presidential election.

As Kennedy seeks to have his name removed from the ballot in North Carolina while remaining on the ballot in other states, the case highlights the complex interplay between election law, free speech rights, and the logistical realities of conducting a statewide election.

The outcome of this legal battle could have far-reaching implications, not just for Kennedy’s political future, but also for the broader electoral process in North Carolina.