Robert F. Kennedy Jr. has filed a lawsuit against the North Carolina State Board of Elections in an urgent effort to remove his name from the state’s ballot ahead of the 2024 presidential election.
The lawsuit, filed in Wake County Superior Court on Friday, argues that the board’s refusal to grant his request to withdraw as a third-party presidential candidate violates state election law and his right to free speech, according to WRAL.
“With the November election looming and ballot deadlines fast approaching, Kennedy has no choice but to turn to this Court for immediate relief,” the lawsuit asserts, according to the outlet.
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After suspending his campaign and endorsing former President Donald Trump in August, Kennedy has been working to remove his name from ballots in key battleground states like North Carolina, where the race is expected to be close.
Meanwhile, he has opted to remain on the ballot in states like New York, where his presence is less likely to impact the outcome of the contest between Trump and Vice President Kamala Harris.
Unless the court intervenes, Kennedy’s name will still appear on the North Carolina ballot in November.
“NCSBE ignored controlling statutes and instead elected to insert their own indeterminate, subjective ‘practicality’ standard in denying his request,” Kennedy’s lawyers said in the lawsuit. “NCSBE cited no legal authority for its action.”
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Kennedy’s effort to remove himself from the ballot comes after a lengthy struggle by his party to secure his spot in the first place. Last month, the Democratic Party sued the State Board of Elections, claiming it had wrongly granted Kennedy ballot access.
They argued that the We The People Party’s attempt to place Kennedy on the North Carolina ballot wasn’t made in good faith and should be denied. However, earlier this month, a judge ruled that Kennedy could stay on the ballot, according to WRAL.
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“It takes a lot of chutzpah … to request the extraordinary relief of reprinting ballots,” board member Shioban Millen, a Democrat, said Thursday during the board’s meeting. “The statutory deadline of Sept. 6 can’t be ignored just because of the capricious behavior of one party’s candidate.”
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