The North Carolina Supreme Court ruled to remove former independent presidential candidate Robert F. Kennedy Jr. from state ballots ahead of the general election in a 4-3 decision. The ruling upheld an appeals court decision to take Kennedy’s name off the ballot, despite a lower court initially denying his efforts. The decision means that ballots will have to be reprinted, causing time and expense for election officials. Justice Trey Allen stated in the majority opinion that protecting voters’ fundamental right to vote their conscience and have that vote counted justified the decision.
Kennedy, who had previously fought to get his name on as many state ballots as possible, has sought to have his name removed from the North Carolina ballot as polling indicated that he could potentially hurt former President Donald Trump’s chances in November if he remained on the ballot. The legal battle over Kennedy’s appearance on the North Carolina ballot has delayed the timing of when ballots would be sent out, as the state’s election board instructed officials not to begin mailing ballots on September 6 as originally planned. Kennedy was also dealt a blow earlier in the day when Michigan’s Supreme Court ruled that he must remain on that battleground state’s ballot.
The North Carolina Supreme Court’s ruling cited the state constitution’s Free Elections Clause, which protects the right to vote and for those votes to be counted accurately. The majority’s decision to enforce the appeals court’s order to remove Kennedy from the ballot was based on the belief that Kennedy’s presence on the ballot could disenfranchise countless voters who mistakenly think that he remains a candidate for office. The ruling was seen as a victory for Kennedy, as it aligns with his efforts to be removed from state ballots to avoid hurting Trump’s election prospects in November.
An attorney for Kennedy did not immediately respond to a request for comment following the North Carolina Supreme Court’s ruling. The ruling also indicated that the state will need to reprint ballots, causing a considerable amount of time, effort, and expense for election officials. It remains to be seen how this decision will impact the overall election process in North Carolina and what the new timeline for ballots being sent out will be. The ruling was a significant development in the ongoing legal battle over Kennedy’s appearance on North Carolina’s ballot and its potential impact on the upcoming general election.
