A North Carolina judge on Thursday (September 5) rejected a request from 2024 presidential candidate Robert F. Kennedy Jr., who had already withdrawn from the race, to have his name removed from the state’s ballot. The first batch of absentee ballots for the November election will be sent to registered voters in need just one day later.
According to the Associated Press, Wake County Superior Court Judge Rebecca Holt refused to issue a temporary restraining order requested by Kennedy aimed at prohibiting the county election board from distributing ballots with his name and requiring his name to be stricken from the ballots.
State law dictates that the first absentee ballots for the U.S. election will begin to be mailed out starting this Friday. This year’s U.S. election is scheduled for November 5.
One of Kennedy’s lawyers indicated they would appeal the ruling, and Holt gave them 24 hours to take action, potentially delaying the immediate mailing of ballots by the counties on Friday morning.
Kennedy’s supporters have formed a new party called “We The People,” and in July of this year, Kennedy became a candidate on the ballot as the party’s presidential nominee. However, two weeks ago, the third-party candidate suspended his campaign and endorsed the Republican nominee, former President Trump. Since then, Kennedy has been attempting to remove his name from the ballots in several states where a fierce competition is expected between Trump and the Democratic nominee, Vice President Kamala Harris.
In North Carolina, the election board denied Kennedy’s request, stating that the removal of a candidate’s name was impractical given the preparations already made for ballot distribution. Kennedy subsequently filed a lawsuit.
North Carolina is set to be the first state in the country to distribute election ballots. County election offices are expected to begin sending ballots to over 125,000 in-state voters, military personnel, and overseas voters who have requested absentee ballots on Friday.
State Elections Director Karen Brinson Bell stated in a written testimony that as of Wednesday, over 2.9 million absentee and in-person ballots have been printed statewide.
Prosecutors stated that the process of reprinting ballots without Kennedy’s name and reorganizing ballot requests would take at least two weeks, possibly missing the federal government’s deadline of September 21 for issuing ballots to the military and overseas voters.
However, Kennedy’s lawyer Phil Strach argued in court that Kennedy’s actions align with state laws, and another law permits the postponement of ballot distribution in such circumstances, while forcing Kennedy to remain on the ballot against his will violates the free speech rights guaranteed by the state constitution.
Strach said, “This is a very simple case about the integrity of ballots and compliance with the law,” adding that leaving Kennedy on the ballot would confuse voters.
On Wednesday, Kennedy also filed a lawsuit in Wisconsin, demanding the state election board remove his name from the ballot. He also filed a lawsuit in Michigan, but a judge ruled on Tuesday that his name must remain on the ballot.