Robert F. Kennedy Jr. scored major back-to-back courtroom wins on Friday when judges ruled that his name would be removed from the ballot in the battleground states of North Carolina and Michigan.
Since he dropped out of the race last month and endorsed former President Donald Trump, Kennedy has been fighting Democratic officials in several states to have his name removed from ballots ahead of the November presidential election — with the consensus being that his name on the ballot would hurt Trump more than it would hurt Vice President Kamala Harris. Kennedy opted to remain on the ballots in solid blue or red states, giving his supporters room to cast a protest vote against both major party candidates.
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In North Carolina, the Democrat-controlled State Board of Elections denied Kennedy’s request to remove his name along party lines. Kennedy filed suit, and a judge on Thursday ordered that his name should remain on the ballots — but gave him until noon on Friday to appeal that decision.
Appeal Kennedy did, and on Friday morning the North Carolina Court of Appeals reversed the prior decision:
By unanimous vote, the motion for temporary stay and petition for writ of supersedeas filed in this cause by petitioner Robert F. Kennedy, Jr. on 5 September 2024 are allowed as follows: The Petition for Writ of Supersedeas is allowed and the “Order on Plaintiff’s Motion for Temporary Restraining Order, and, in the Alternative, an Expedited Preliminary Injunction” entered on 5 September 2024 by Judge Rebecca Holt is hereby stayed. Respondents are hereby enjoined from disseminating ballots listing petitioner as a candidate for President of the United States. The stay and injunction will remain in effect until the disposition of petitioner’s appeal or until further order of this Court. This cause is remanded to the Superior Court of Wake County for entry of order directing the State Board of Elections to disseminate ballots without the name of petitioner Robert F. Kennedy, Jr. appearing as a candidate for President of the United States.
North Carolina Board of Elections General Counsel Paul Cox has since ordered county elections boards throughout the state to hold the mail-in ballots that were supposed to be sent out until the state board determines whether or not to appeal the decision.
“Our attorneys are reviewing the order and determining how to move forward. No decision has been made on whether this ruling will be appealed,” Cox said.
A similar scene played out in Michigan, where Democratic Secretary of State Jocelyn Benson — despite arguing that independent presidential candidate Cornel West should be removed from the ballot — refused to remove Kennedy’s name after he requested that she do so.
Kennedy again filed suit, and on Friday morning, a panel of three judges ruled in his favor. The conclusion of their three-page decision was as follows:
Plaintiff sought to have his name withdrawn from the ballot in advance of the upcoming general election. While the request was made close to the deadline for defendant to give notice of candidates to local election officials, it was not made so late that laches should apply. Additionally, we conclude that the absence of any statutory authority prohibiting his withdrawal gave plaintiff a clear legal right to have his name removed from the ballot. [Secretary of State Benson] had no ability to disregard that request. And, at this point, no other remedy aside from mandamus is available to plaintiff, given the impending deadline for defendant to send notice to local election officials. … Accordingly, we hold that plaintiff is entitled to mandamus relief and that defendant shall remove plaintiff’s name from the ballot, as requested.
Kennedy is still on the ballot in Virginia and in Wisconsin.
