RFK Jr. wins important appeals court victories in Michigan and North Carolina to have his name removed from ballots

By 
 September 7, 2024

When Robert F. Kennedy Jr. suspended his independent presidential campaign last month and endorsed the GOP nominee, former President Donald Trump, he also sought to have his name removed from the ballots in 10 critical battleground states -- a move that was blocked by Democrat-controlled state election boards in Michigan and North Carolina.

Kennedy filed lawsuits to force the removal of his name from the ballot but was denied by district judges in both states, only for appeals court panels to subsequently overrule those lower courts on Friday and order the ballots to be changed, according to NBC News.

Democratic officials in Michigan and North Carolina have since signaled their intent to appeal the respective appellate court orders, but if the state Supreme Courts uphold those rulings, Kennedy's name will not appear on the ballot as an option for voters in those two states.

Michigan appellate court rules Kennedy can be removed from ballot

CBS News reported that after Kennedy announced the suspension of his campaign and asked to be removed from the ballot in Michigan, where he had previously won inclusion as the nominee for the minor Natural Law Party, his request was denied by the Democrat-controlled state election board and Democratic Secretary of State Jocelyn Benson.

Kennedy sued but was similarly denied by a Court of Claims judge who ruled that the candidate must remain on the ballot after siding with Democratic officials who cited a state law that ostensibly prohibits minor party nominees from withdrawing their names from the ballot.

He immediately appealed that decision and found favor on Friday with a three-judge panel of the Michigan Court of Appeals, which reversed the lower court's decision after it found that the statute cited by the Democratic officials only applied to candidates seeking state-level offices but not federal offices like the presidency.

Per NBC News, Sec. Benson plans to immediately appeal that ruling and hopes to have it reversed again so as not to have to reprint absentee and mail-in ballots without Kennedy's name ahead of an impending deadline to begin mailing those ballots to military members and overseas voters.

North Carolina appellate court says Kennedy's name must be removed

Meanwhile, a similar situation played out in North Carolina as the Democrat-controlled state elections board initially denied Kennedy's request to have his name removed from the ballot, which prompted a lawsuit from the independent candidate.

According to NC Newsline, a Superior Court judge agreed with the board that it was too late and too expensive to alter absentee and mail-in ballots that had already been printed and would soon be mailed out.

But that ruling was reversed just one day later by an appellate court panel that instructed the lower court just to order the elections board to not distribute any ballots with Kennedy's name on it.

Per WUNC, the elections board has announced its intention to further appeal the matter to the North Carolina Supreme Court in hopes for another reversal and ruling that will allow the pre-printed ballots, which were supposed to begin being mailed out on Friday, the same as they are with Kennedy's name on it.

Kennedy's removal from the ballot hurts Harris' chances to win important swing states

When Kennedy suspended his campaign and endorsed former President Trump last month, he specifically revealed his plan to remove himself from the ballot in crucial swing states so as not to potentially draw any voter support away from the Republican nominee.

That led to the ironic turn of events in which Democrats, who until that moment had been fighting in court to keep Kennedy's name off the ballots in as many states as possible, immediately reversed course and fought to force him to remain on the ballots, given the likelihood that his presence there would detract from Trump's vote totals.

Kennedy's appellate victories, if upheld, potentially spell disaster for Vice President Kamala Harris, the Democratic nominee, who was undoubtedly banking on Kennedy pulling support away from Trump as a means to guarantee victory in those hugely important and electorally decisive states.

" A free people [claim] their rights, as derived from the laws of nature."
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