The North Carolina Supreme Court ruled Monday that the state elections board must reprint presidential ballots and remove the name of former independent candidate Robert F. Kennedy Jr. from the list of endorsed candidates.
The decision marks a major win for Kennedy, who more than two weeks ago halted campaigning in key battleground states before endorsing former President Trump. The independent candidate then launched an effort to remove his name from the ballot in battleground states expected to be close in November's presidential election, a move aimed at boosting support for Trump.
In a 4-3 decision on Monday, the state Supreme Court said it was clear Kennedy had ended his campaign and that votes for him were invalid, underscoring the importance of protecting the right to vote above other concerns.
“To protect this important right, election procedures must ensure that voters are provided with accurate information about candidates running for elected office,” the order states. “If ballots contain misleading information or inaccurately list candidates, the right to vote according to one's conscience may be violated.”
The majority specifically noted that leaving Kennedy's name on the ballot “could disenfranchise countless voters who mistakenly believe that Plaintiffs are still candidates for public office.”
Monday's ruling upholds an appeals court decision last week that removed Trump from the ballot, which Trump praised.
The ruling overturned a trial court order that had ordered independents to remain on the roster, a ruling Kennedy had filed in court.
The Democratic majority on the State Board of Elections rejected a request from the We the People party, which had endorsed Kennedy as its candidate, to remove him from the ballot, arguing that it would be too difficult to effectively reprint all the ballots in time for the deadline for distributing absentee ballots.
But a majority in the Tar Heel State Supreme Court argued that the state board was informed of Kennedy's intention to withdraw from the ballot but waited nearly a week to vote on whether to remove his name, and in the meantime printed ballots with his name on them. The court ruled that the board's arguments were “empty.”
“Extraordinary relief cannot be granted where a defendant is responsible for his or her own predicament,” the order reads.
“We recognize that expediting the process of printing new ballots will require significant time and effort from election officials and significant expense to the state,” the court added, “but that is the price we must bear to protect the fundamental right of voters under the North Carolina Constitution to vote according to their conscience and to have that vote count.”
The state board previously urged the state Supreme Court for a swift decision, stating, “If the state board is successful in its appeal, counties will not have to spend additional money to prepare and print new ballots. In North Carolina, county boards of elections pay for voting-related costs.”
The Hill has reached out to the North Carolina State Board of Elections for comment.
Kennedy's attorney, Aaron Siri, congratulated North Carolina on the ruling in an emailed statement.
“Mr. Kennedy ceased his campaign several weeks ago,” he wrote. “With the North Carolina Supreme Court's decision today to remove Mr. Kennedy's name from the ballot, no one in North Carolina will be voting for a candidate who is no longer running in their state.”
Monday's ruling came shortly after the Michigan Supreme Court ruled to dismiss Kennedy's similar claim in the battleground state.
