Two appeals courts issued rulings on the status of Robert F. Kennedy Jr.’s candidacy today, siding with his efforts to remove himself from the ballot in two hotly-contested swing states: North Carolina and Michigan.
In North Carolina, the Court of Appeals ruled that Kennedy’s name must be removed from the general election ballot, a move that comes after Kennedy ended his third-party presidential bid to back former President Donald Trump. The ruling has already delayed the mailing of absentee ballots, which were scheduled to be sent out today. Due to the court’s decision, state election officials will now have to reprint ballots, causing delays in the state’s early voting process.
The situation in Michigan unfolded similarly. The Michigan Court of Appeals ruled on Friday that Kennedy’s name must be removed from the ballot. A three-judge panel overturned an earlier decision by the state’s Court of Claims that denied Kennedy’s request to withdraw his name from the general election ballot according to Bloomberg. Secretary of State Jocelyn Benson, a Democrat, had initially denied Kennedy’s withdrawal request, citing Michigan Election Law, but the appeals court disagreed, ruling in Kennedy’s favor.
🚨BREAKING: North Carolina Court of Appeals just ordered RFK Jr's name to be taken off the General Election ballot in the state.
Mail in ballots were supposed to be sent out today in NC but they will now have to be re-printed. pic.twitter.com/bg8jEa0JoJ
— Greg Price (@greg_price11) September 6, 2024
In its decision, the Michigan court said that the state election law did not prohibit Kennedy’s withdrawal from the race. The court wrote, “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.” The ruling also pointed out that while there are provisions in Michigan law restricting candidate withdrawal for certain offices, those provisions do not apply to presidential candidates.
Kennedy, who had garnered substantial support while running as an Independent, suspended his presidential campaign in August. He formally requested the removal of his name from the Michigan ballot shortly thereafter, a move he said was motivated by his decision to support Trump in the 2024 election. Despite opposition from the state’s election officials, Kennedy’s legal team argued that the law allowed him to withdraw from the race, ultimately securing victory in the appeals court.
The timing of this ruling is massive, as Michigan election officials were facing a September 6 deadline to send out the list of candidates to local clerks. The deadline was crucial for printing absentee ballots, especially for military and overseas voters. With the court’s decision coming just hours before the deadline, officials will now have to make swift changes to remove Kennedy’s name from the ballot.
Kennedy had difficulties trying to get his name on the ballot in multiple blue-leaning states. Despite suspending his presidential campaign and endorsing Trump, last month both Wisconsin and Michigan ruled he would remain on the ballot. Kennedy’s decision to withdraw was intended to avoid affecting Trump’s chances in the 2024 election. His campaign had garnered support from some Republican donors who viewed him as a potential “spoiler” candidate.
In Kennedy’s case, the Michigan court noted that the laws governing candidate nominations for state offices are different from those for presidential candidates, which allowed Kennedy the legal room to remove his name. With Kennedy no longer on the ballot, the focus will shift to how his absence could affect the broader dynamics of the race, especially given his endorsement of Trump.
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