Mich., N.C. Ordered to Remove RFK Jr. From Ballots

Robert F. Kennedy Jr. (Getty Images)

By    |   Friday, 06 September 2024 04:34 PM EDT ET

Appeals courts in Michigan and North Carolina on Friday ordered the removal of former independent presidential candidate Robert F. Kennedy Jr. from general election ballots, according to multiple reports.

In both states, the rulings overturned previous efforts to keep Kennedy on the November ballot.

The Michigan Court of Appeals ruled that Kennedy, an environmental lawyer, can be withdrawn from the state's ballot, as he had requested, overturning a lower court's ruling and Michigan Secretary of State Jocelyn Benson's decision that Kennedy must remain on the ballot.

"While the request was made close to the deadline for defendant to give notice of candidates to local election officials, it was not made so late that laches should apply," the three-judge panel wrote, referring to the doctrine that would permit the court to deny relief because the opposing party did not act fast enough.

"Additionally, 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 appeals panel wrote. "Defendant had no ability to disregard that request."

In a statement to The Hill, Angela Benander, spokesperson for the Michigan Secretary of State's office, said the office will appeal to the Michigan Supreme Court.

Kennedy suspended his campaign last month and endorsed former President Donald Trump, who is seeking a second White House term as the Republican nominee.

In North Carolina, the Court of Appeals issued an order to prevent state ballots from being sent out Friday and to take Kennedy off the ballot.

The order, which was obtained by CBS17, states that the North Carolina Board of Elections is "enjoined from disseminating ballots" which list Kennedy as a candidate for president.

It comes just one day after a judge in Wake County rejected the independent's request to be removed from the North Carolina ballot.

After the ruling, Paul Cox, general counsel for the North Carolina Board of Elections, sent an email to provide guidance to all county boards of election.

"The court has ordered a further pause to ballot distribution," Cox wrote in the email obtained by CBS17. "Do not send any ballots out today. 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.

"Bottom line: continue to hold your outgoing absentee ballots—both military and overseas citizen ballots, and ballots for civilian voters. We will update you immediately with any further developments."

Kennedy is also suing to be removed from the Wisconsin ballot after the state's election commissioner decided he must remain.

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Appeals courts in Michigan and North Carolina on Friday ordered the removal of former independent presidential candidate Robert F. Kennedy Jr. from general election ballots, according to multiple reports.
michigan, north carolina, robert f. kennedy jr., ballot
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Friday, 06 September 2024 04:34 PM
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