The North Carolina Supreme Court has ruled to remove Robert F. Kennedy Jr. from state ballots, following a 4-3 decision on Monday. The ruling upholds a previous appeals court decision and requires the state's ballots to be reprinted.
NBC News reported that with this decision, Kennedy’s name will no longer appear on North Carolina’s general election ballots, as the court determined his presence could mislead voters.
The ruling came after weeks of legal battles, with Kennedy seeking to remove his name from the ballot after polls suggested his candidacy might hurt Donald Trump’s chances in the November election.
A lower court had initially denied Kennedy’s request to be removed from the ballot, but this recent ruling from the state’s highest court affirms the appeals court's decision last week.
The removal of Kennedy’s name from the ballots will require reprinting, a process that North Carolina election officials are now preparing for.
Justice Trey Allen, who wrote the majority opinion, acknowledged the significant effort and expense involved in reprinting the ballots, stating, “We acknowledge that expediting the process of printing new ballots will require considerable time and effort by our election officials and significant expense to the State.”
At the time of the decision, 27 of North Carolina’s 100 counties had already started printing ballots, following Kennedy’s announcement on August 23 that he would no longer pursue his candidacy. By August 26, more than half of the counties had begun the printing process.
As a result of the court ruling, election officials must now halt their progress to accommodate the changes.
The legal battle has had direct implications for the timing of when ballots can be sent out. Originally, ballots were scheduled to be mailed starting on September 6, but with the need for reprinting, those plans are now delayed.
Karen Brinson Bell, executive director of the North Carolina State Election Board, sent an email urging county officials not to mail any ballots until a new date is determined for all counties.
In addition, Brinson Bell noted that discussions with the Defense Department are underway to seek a waiver of the September 21 deadline for sending military and overseas ballots. These ballots, which are required by federal law to be mailed 45 days before the election, may face delays as officials work to finalize the reprinting process.
The ruling was not unanimous, with Justices Anita Earls, Richard Dietz, and Allison Riggs dissenting from the decision.
They argued against the majority's reasoning, which cited the Free Elections Clause of the state constitution. The majority’s opinion emphasized that Kennedy’s name on the ballot could disenfranchise voters by misleading them into thinking he was still a candidate.
While the court's ruling is seen as a victory for Kennedy, it presents a logistical challenge for election officials and could cause delays in the state’s voting process.
The ruling in North Carolina stands in contrast to a separate decision made earlier in the day by the Michigan Supreme Court, which ruled that Kennedy must remain on the ballot in that state. This divergence highlights the varying legal interpretations of Kennedy's request to be removed from ballots, as he seeks to prevent his candidacy from impacting the broader electoral landscape.
Kennedy’s legal team did not respond to requests for comment on the North Carolina decision as of Monday night.
His push to remove his name from ballots stems from concerns that his candidacy, while not actively pursued, could attract voters who would otherwise support Trump, potentially influencing the outcome of the presidential election.
Election officials are now racing against the clock to meet upcoming deadlines while complying with the court's ruling. The timing of the reprinted ballots will be crucial, particularly in meeting federal requirements for mailing ballots to military personnel and overseas voters.
Brinson Bell’s email to election officials emphasized the importance of delaying any mailings until a uniform mailing date is established for all counties.
In her communication, Brinson Bell stated that the state board had "begun discussions" with the Defense Department to seek a potential waiver for the September 21 deadline, in the event that ballots are not reprinted and ready to be mailed in time.
The majority opinion focused heavily on the Free Elections Clause of the North Carolina Constitution. The justices argued that leaving Kennedy’s name on the ballot could confuse voters, leading some to believe that he was still an active candidate, which could ultimately disenfranchise them.
The court viewed this potential confusion as a significant enough threat to warrant the removal of his name.
The court’s ruling underscores the complexities of election law and the importance of ensuring that ballots accurately reflect the candidates who are actively running for office. By citing the Free Elections Clause, the majority aimed to protect the integrity of the election process and the voters' right to cast informed ballots.
