N.C. Supreme Court Directs Removal of RFK Jr.’s Name from November Ballot

On September 10, a divided Supreme Court of North Carolina issued a ruling that removes Robert F. Kennedy Jr.’s name from the upcoming general election ballot. This decision marks a significant legal win for the former presidential candidate as he seeks to ensure his name does not appear on voting cards in crucial battleground states.

The high court of North Carolina ruled 4-3 to support an appellate court’s decision for Kennedy’s removal from the November ballot. This ruling came after the North Carolina State Board of Elections had previously attempted to reverse the decision.

The court acknowledged the challenges that election officials would face in expediting the process of printing new ballots, noting that it would require considerable time and expense for the state. However, they emphasized the importance of upholding voters’ rights to vote their conscience and ensuring that those votes count.

Kennedy, who is 70 years old, initially entered the race as a long-shot independent candidate but chose to suspend his campaign on August 23. Despite his efforts, which included a signature drive that enabled his name to appear on ballots in around two dozen states, he opted to endorse Republican nominee Donald Trump for president and requested the removal of his name from the ballots in ten battleground states.

In North Carolina, Kennedy sought judicial intervention after state officials denied his request for removal from the ballot. Superior Court Judge Rebecca Holt had sided with state officials, ruling the day before absentee ballots were scheduled for distribution that the consequences of removing Kennedy’s name would burden North Carolina more than allowing it to remain.

Judge Holt stated that eliminating Kennedy from the ballot at such a late stage would force the state and its counties to spend significant resources on reformatting and reprinting ballots. She also noted that this change would reduce the available voting period for voters.

Following Holt’s ruling, Kennedy appealed, leading to an appellate court’s decision that reversed the lower court’s order. The state then escalated the matter to the Supreme Court of North Carolina.

In their decision, the state’s Supreme Court articulated that including Kennedy’s name on the ballot would provide voters with an inaccurate representation of candidates and could potentially disenfranchise “countless voters who mistakenly believe that plaintiff remains a candidate for office.”

The court remarked that the trial court failed to adequately consider this principle, instead focusing primarily on the minimal harm to Kennedy and the considerable resources required by the state to create an accurate ballot.

On Friday, the North Carolina State Board of Elections reported that over 2.9 million ballots had already been printed before the appellate court’s decision. It also indicated that there are a total of 2,348 different ballot styles in the state.

In a notification to local counties, Karen Brinson Bell, the director of state elections, instructed them to prepare for absentee ballots to be sent out no later than September 21, although no ballots should be distributed until a confirmed date is established.

This ruling arrived on the same day that the Michigan Supreme Court decided against Kennedy, allowing his name to remain on the ballot in Michigan. Additionally, his name was also ordered to stay on the ballot in Wisconsin.