Additional Coverage:
- North Carolina court orders RFK Jr.’s name to be removed just before ballots are sent (newsbreak.com)
RALEIGH, N.C. (AP) — On Friday, Robert F. Kennedy Jr. achieved legal wins in North Carolina and Michigan, yet faced a setback in Wisconsin, in his efforts to remove his name from ballots after suspending his presidential campaign and endorsing former President Donald Trump.
In North Carolina, the intermediate Court of Appeals granted Kennedy’s motion to stop the distribution of ballots listing him as a candidate. This decision came just as officials were set to send out the nation’s first absentee ballots for the November 5 presidential election. The unanimous three-judge panel directed a lower court to instruct the State Board of Elections to print new ballots without Kennedy’s name, though they did not provide a legal rationale for their decision.
Similarly, Michigan’s Court of Appeals ruled in favor of Kennedy, overturning a prior judgment from a lower court judge and ordering his name to be removed from the ballot.
However, in Wisconsin, a Dane County circuit court judge denied Kennedy’s request for a temporary restraining order that aimed to block the state elections commission’s move to keep his name on the ballot. Judge Stephen Ehlke emphasized the need for a comprehensive briefing from all involved parties, scheduling a conference for Wednesday, ahead of the ballot printing deadline.
In response to the rulings, a Kennedy attorney expressed approval of the decisions in North Carolina and Michigan, stating that they uphold state election laws and ballot integrity by preventing voters from choosing a candidate who has dropped out.
These legal victories could potentially benefit Trump’s campaign efforts in North Carolina, Michigan, and Wisconsin.
North Carolina law mandated the initial mailing of absentee ballots no later than 60 days before the general election, which required ballots to be sent by Friday. However, state attorneys indicated that reprinting and assembling new ballot packages could take over two weeks. An appeal of the ruling is possible.
Kennedy, representing the We The People party in North Carolina, sought legal action last week to remove his name from the state’s ballots after halting his campaign and endorsing Trump. The Democratic-majority State Board of Elections initially denied the request, citing the advanced stage of ballot printing and machine coding.
Kennedy then filed a lawsuit, and after Wake County Superior Court Judge Rebecca Holt rejected his effort on Thursday, he appealed. Judge Holt had instructed election officials to delay the absentee ballot mailing until noon Friday.
To date, over 132,500 people, including military personnel, overseas workers, and in-state civilians, have requested absentee ballots in North Carolina, according to the State Board of Elections.
Following Friday’s ruling, state board attorney Paul Cox instructed election directors across all 100 counties to halt sending out current ballots. More than 2.9 million ballots featuring Kennedy’s name have already been printed. Cox noted that while no decision on an appeal has been made, removing Kennedy and his running mate Nicole Shanahan from ballots would be a substantial undertaking.
Despite missing Friday’s deadline, North Carolina election officials still need to comply with a federal law requiring absentee ballots to reach military and overseas voters by September 21. They may seek a waiver if new ballots cannot be produced in time.
The ruling did not disclose the names of the judges involved, as the court typically reveals them after 90 days to prevent “judge shopping.” The 15-judge court consists of 11 Republicans and four Democrats.
Kennedy also filed lawsuits to withdraw from the ballots in Michigan and Wisconsin, with his Michigan case initiated against Democratic Secretary of State Jocelyn Benson on August 30. In Michigan, despite the close timing of Kennedy’s request, the court did not find the delay unreasonable and granted relief. Benson’s office indicated plans to appeal this decision to the state Supreme Court.