BY Benjamin ClarkSeptember 11, 2024
3 months ago
BY 
 | September 11, 2024
3 months ago

North Carolina High Court Orders RFK Jr. Off Ballot

NBC News reported that the North Carolina Supreme Court has mandated the removal of Robert F. Kennedy Jr.'s name from state ballots for the upcoming general election.

This decision, reached by a 4-3 vote, upholds a previous appeals court ruling and necessitates the reprinting of ballots across the state. 

The court's decision comes after Kennedy, who had initially sought to appear on as many state ballots as possible, dropped out of the presidential race and endorsed former President Donald Trump.

Kennedy's campaign has since been working to remove his name from ballots, as polling suggests his presence could potentially harm Trump's chances in November.

Supreme Court Cites Free Elections Clause

The North Carolina Supreme Court's majority opinion referenced the state constitution's Free Elections Clause as a key factor in their decision.

This clause encompasses protections for the right to vote and for those votes to be accurately counted. The court argued that allowing Kennedy's name to remain on the ballot could lead to voter disenfranchisement, as many might mistakenly believe he is still a candidate.

Justice Trey Allen, writing for the majority, acknowledged the logistical challenges this decision presents:

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. But that is a price the North Carolina Constitution expects us to incur to protect voters' fundamental right to vote their conscience and have that vote count.

This statement underscores the court's prioritization of electoral integrity over potential administrative burdens.

Implications For Ballot Distribution And Timing

The legal battle surrounding Kennedy's ballot status has already affected the timing of ballot distribution in North Carolina. The state's election board had previously instructed officials not to begin mailing ballots on September 6 as initially scheduled due to the ongoing litigation.

Karen Brinson Bell, the state election board's executive director, sent an email to county boards of elections following the court's ruling, advising them to hold off on mailing any ballots until a unified date could be determined for all counties. This delay raises concerns about meeting federal deadlines for military and overseas ballots.

Contrasting Rulings Across States

The North Carolina Supreme Court's decision stands in contrast to a ruling made earlier the same day by the Michigan Supreme Court.

In Michigan, the court ruled that Kennedy must remain on the state's ballot, despite his withdrawal from the race. This divergence in rulings across states adds complexity to the national electoral landscape.

The situation in North Carolina is further complicated by the fact that many counties have already begun the ballot printing process.

According to Brinson Bell, 27 counties had started printing ballots when Kennedy announced his withdrawal on August 23. By August 26, when Kennedy's campaign reached out to the board about the withdrawal process, over half of the state's counties had initiated ballot printing.

Potential Impact On Presidential Race

The removal of Kennedy's name from North Carolina ballots could have implications for the broader presidential race. Polling has indicated that Kennedy's presence on ballots might negatively impact Trump's chances in November.

By successfully removing his name in North Carolina, Kennedy's campaign may be aiming to mitigate this potential effect in a key battleground state.

However, the varying rulings across states mean that Kennedy's name may still appear on ballots in some areas while being absent in others. This inconsistency could lead to confusion among voters and potentially impact the distribution of votes in the general election.

Conclusion

The North Carolina Supreme Court's decision to remove Robert F. Kennedy Jr. from state ballots has set a precedent that may influence similar cases in other states. The ruling prioritizes voter clarity and electoral integrity over administrative concerns. It requires the reprinting of ballots across North Carolina, potentially affecting distribution timelines. This development adds another layer of complexity to the 2024 presidential election landscape, with potential implications for voter choices and campaign strategies in the coming months.

Written by: Benjamin Clark

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