Verdict: Judge rules RFK Jr. will remain on NC ballots

Just one day before absentee ballots start distribution across North Carolina, the Wake County Superior Court ruled Thursday morning that Robert F. Kennedy Jr’s name will remain on North Carolina ballots.

After teaming up with former president and GOP nominee Donald Trump, RFK Jr. was hoping to remove his name as a presidential candidate in several swing states, including North Carolina. However, the State Board of Elections denied the request and said it had already begun printing ballots.

Lawyers argued before Judge Rebecca Holt, a Republican in North Carolina’s 3rd Superior Court Division, who ultimately said the harm to the State Board of Elections would be substantial while the harm to Kennedy would be minimal.

“The defendant, however, would have to reprint the ballots at considerable costs and effort and will likely find themselves in violation of the state-mandated deadline for distributing absentee ballots,” Hold said. “Therefore, the motion for temporary restraining order is denied.”

Kennedy’s lawyers said they would immediately appeal, and the judge agreed to stay her order for 24 hours. It’s now unclear if the State Board of Elections will be able to begin distributing ballots on Friday.

Under North Carolina law, absentee ballots go out 60 days before an election, which would be Friday, Sept. 6. The state argued they must go out by the deadline, but Kennedy lawyers pointed to language that leaves flexibility if an appeal exists.

“We submit that they have significantly unclean hands by plowing ahead with ballot printing after being put on plenty of notice that Kennedy was withdrawing,” Kennedy’s attorney asserted. “We think that the board has to follow the law. If they follow the law, it will prevent ballot confusion, and it will allow the plaintiff to recognize and allow the plaintiff his right to withdraw.”

Attorneys with the state argued that the board had to meet a statutory deadline on Friday. They pointed to Kennedy’s actions, including continuing to campaign and leaving his name on the ballot in other states, indicating he did not intend to withdraw. They argued that reprinting ballots would cause significant logistical issues and voter confusion.

Attorneys representing Kennedy said if the board has to spend money to reprint ballots, then they should go to the legislature and ask for an appropriation to cover that extra cost.

After the ruling was announced, Kennedy’s lawyers murmured, “Let’s get to work,” as they left the room on a tight deadline.

The post Verdict: Judge rules RFK Jr. will remain on NC ballots first appeared on Carolina Journal.