Since he suspended his presidential campaign on August 23rd and threw his support behind GOP presidential nominee Donald Trump, independent candidate Robert F. Kennedy Jr. has been working to try and get his name off the ballot in states like North Carolina and Michigan where it being there potentially could skew the results and benefit the Harris-Walz campaign.
On Thursday, Kennedy was seemingly dealt a defeat after a Wake County (NC) Superior Court Judge denied his request:
Wake County Superior Court Judge Rebecca Holt denied the temporary restraining order sought by Kennedy to prevent county elections boards from distributing ballots affixed with his name and requiring it to be removed. State law directs the first absentee ballots for the Nov. 5 elections be mailed to requesters starting Friday. A Kennedy attorney said the decision would be appealed and Holt gave him 24 hours, ordering election officials not to send out ballots before noon Friday.
On Friday, though, an order came down from the North Carolina Court of Appeals that halted the mailing of absentee ballots for the time being and ordered Kennedy’s name taken off of them:
The North Carolina Court of Appeals on Friday blocked the state from sending out absentee ballots as it considers a lawsuit from Robert F. Kennedy Jr., who is seeking to be removed from the state’s presidential ballot.
In an order released Friday, the court granted Kennedy’s petition to stay a decision from a lower court on Thursday, which had denied his request to be removed from the ballot.
“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,” the order said.
The full order can be read below:
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.
🚨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
The North Carolina State Board of Elections (NCBSE) sent an email to county boards to inform them of the order and to note that a decision had not yet been made on whether they would appeal:
“The Court of Appeals just issued an order reversing the denial of the restraining order that was requested by Kennedy. It is attached. The court has ordered a further pause to ballot distribution. Do not send any ballots out today.
The court has also ordered that the We The People party’s ballot line be removed (including Kennedy and Shanahan). Obviously, this will be a major undertaking for everyone. Our attorneys are reviewing the order and determining how to move forward. No decision has been made on whether this ruling will be appealed.
In Michigan, there was similar news for Kennedy:
Robert F. Kennedy, Jr.’s name should be removed from Michigan’s Nov. 5 presidential ballot, as Kennedy has requested, the Michigan Court of Appeals ruled Friday, overturning earlier decisions by a lower court judge and the Michigan Department of State.
Michigan Secretary of State Jocelyn Benson, a Democrat, “had no basis to deny (Kennedy’s) request to withdraw his name from the ballot,” said a three-judge panel of the Michigan Court of Appeals.
[…]
The Court of Appeals ruled Friday that a section of state law cited by Benson in denying Kennedy’s withdrawal request applies only to candidates for state office, not to presidential candidates such as Kennedy.
This is a developing story. Stay tuned to RedState for further developments.
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