RFK Jr not allowed to withdraw from North Carolina ballot after struggling for months to secure spot

RFK Jr filed a lawsuit after the board denied his request to remove his name as a third-party candidate
PUBLISHED SEP 2, 2024
Robert F Kennedy Jr will remain on the North Carolina ballot despite his requests and those of his new party 
 for his removal (Getty Images)
Robert F Kennedy Jr will remain on the North Carolina ballot despite his requests and those of his new party for his removal (Getty Images)

RALEIGH, NORTH CAROLINA: Robert F Kennedy Jr recently announced the suspension of his presidential campaign and endorsed former President Donald Trump. However, he will remain on the North Carolina ballot despite his requests and those of his new party — We the People — for his removal.

The Democrat-controlled North Carolina State Board of Elections has decided to keep Kennedy on the ballot - a move that has raised concerns about election integrity.

North Carolina State Board of Elections' decision to keep RFK Jr on the ballot

The North Carolina State Board of Elections voted along party lines to keep Kennedy’s name on the ballot. The three Democratic members of the board cited the state’s September 6 deadline for the mailing of absentee ballots as a factor in their decision.

They also argued that most counties had already started printing ballots, making it practically impossible to remove Kennedy's name without causing disruption. This deadline — set by state law — dictates that absentee ballots must be mailed out and delaying this process would violate legal obligations.

Siobhan Millen, one of the board members who voted to keep Kennedy on the ballot, remarked: “People are already printing their sample ballots."

“The statutory deadline of September 6 can’t be ignored just because of the capricious behavior of one party’s candidate — one party, one person,” she added. “I think this whole episode has been a farce. I feel bad for anyone who’s been deceived.”



 

Kennedy's announcement came last Friday when he declared that he was suspending his presidential campaign and endorsing former President Donald Trump. He also publicly revealed his intention to withdraw his name from the ballot in 10 key battleground states, including North Carolina.

However, Kennedy's decision to drop out came up against the deadlines in several states.

The Kennedy campaign spent months trying to secure a spot for him on North Carolina’s ballot via the We the People party. Last month, the State Board of Elections recognized it as an official political party, which was crucial for enabling Kennedy to be listed as a candidate.

That said, Kennedy filed a lawsuit on Friday after the board denied his request to remove his name as a third-party candidate.

Reversal of board members' positions on keeping RFK Jr on the ballot

Thursday’s vote by the Board of Elections was a notable reversal in the positions of its members.

The two Republican board members who had previously advocated strongly for Kennedy to be allowed on the ballot this summer pushed for his removal on Thursday. On the other hand, the three Democrats who had initially been skeptical about including Kennedy on the ballot voted in favor of keeping him on.

Board member Jeff Carmon, a Democrat, noted that Kennedy was now acting as an independent after fighting to be recognized as the nominee of a party. "Him acting as an independent and we taking that into consideration just goes against everything we’ve gone through for the past few weeks," Carmon noted.



 

The logistical challenges presented by Kennedy's request were underscored by State Elections Director Karen Brinson-Bell, who briefed the board on the status of absentee ballot preparations. She revealed that 67 of North Carolina’s 100 counties had either received their absentee ballots or were expected to by the end of Thursday.

Furthermore, the demand for absentee ballots was high - with counties gearing up to start mailing them to voters by next Friday per the state-mandated deadline.

Brinson-Bell also highlighted the scale of ballot printing operations, noting that the company responsible for printing most of the ballots had already prepared ballots and election coding for 80 of the 93 counties they serve. She said the company had printed 1.73 million ballots.

“When we talk about printing ballots, we’re not talking about pressing ‘copy’ on a Xerox machine,” Brinson Bell said.

Back and forth among board members regarding keeping RFK Jr on ballot

Republican Board member Stacy “Four” Eggers IV questioned Brinson Bell's decision to continue printing ballots after Kennedy's news conference announcing his campaign suspension.

“We knew of a press conference by Mr. Kennedy on Friday of last week. However, Mr. Kennedy did not file as an unaffiliated candidate, and we had not heard of a decision from the We the People Party based upon his press conference. So, I instructed the countries to continue with their proofing processes. I copied the Board on that,” she said. “Our staff and counties continue to work through the weekends as we would, so that we could meet the statutory deadline.”

Eggers argued that Kennedy's wishes should be considered, particularly since Kennedy had signed a letter requesting to be removed from the ballot.

However, Brinson Bell defended her instructions, explaining that she could not advise counties to halt their ballot printing based solely on a press conference without an official decision from the We the People party.



 

Kennedy's inability to remove himself from the ballot stems from the fact that he is a party nominee, not an independent candidate. The distinction is critical as it limits Kennedy's autonomy in making decisions about his candidacy once he has been nominated by a party.

Despite the We the People North Carolina executive board's 4-1 vote on Wednesday to request the removal of Kennedy and his running mate Nicole Shanahan from the ballot, the Board of Elections' decision ultimately prevails and will keep Kennedy's name in the race, NC Newsline reported.

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