In a significant legal setback for Robert F. Kennedy Jr., a North Carolina judge has rejected his bid to have his name removed from presidential ballots in the state. The decision comes after Kennedy, who had initially fought to secure his spot on the ballot, sought to withdraw his candidacy following his endorsement of Donald Trump.
Kennedy’s legal team filed the lawsuit last Friday, challenging a decision by the North Carolina State Board of Elections. The board had ruled that it was too late to remove Kennedy’s name as absentee ballots were already in preparation.
Wake County Superior Court Judge Rebecca Holt upheld the board’s decision, allowing the first batches of November absentee ballots to be distributed as scheduled. The judge granted a 24-hour pause to give Kennedy’s legal team time to appeal. Kennedy’s lawyer, Phil Strach, confirmed plans to take the case to the North Carolina Court of Appeals.
Kennedy, who had been running as the nominee of the newly formed We The People party, exited the presidential race on August 23. He endorsed Donald Trump after polling indicated that his continued candidacy might inadvertently benefit the Democratic ticket.
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Despite his withdrawal, Kennedy’s name appeared on ballots due to procedural delays. The North Carolina Election Board had initially approved the We The People party and its candidate in July, but Kennedy’s abrupt exit left his name on the ballots.
The state had already begun printing ballots and preparing for distribution, with the first absentee ballots scheduled to be mailed out starting today. More than 125,000 absentee ballots were expected to be sent to voters, including military and overseas personnel.
Kennedy’s legal team argued that state law required his name to be removed due to his formal request to withdraw. They also contended that keeping his name on the ballot could violate his free speech rights. However, Special Deputy Attorney General Carla Babb argued that reprinting ballots and delaying distribution could cause significant disruption, including potentially missing a federal deadline for military and overseas ballots.
Judge Holt concluded that the potential harm to the state and taxpayers from reprinting ballots outweighed the minimal impact on Kennedy. The ruling aligns with the board’s position that the timing made it impractical to accommodate Kennedy’s withdrawal.
Kennedy’s legal battles extend beyond North Carolina. He has also filed lawsuits in Wisconsin and Michigan to remove his name from ballots in those states, with varying outcomes.
