A Wake County judge has ruled against Robert F. Kennedy Jr.’s attempt to be removed from North Carolina presidential ballots, finding that the harm Kennedy would suffer would be small compared to that facing the state Board of Elections, although the judge granted Kennedy a 24-hour stay to appeal.
Last week, the North Carolina State Board of Elections (NCSBE) decided in a vote at an emergency meeting on Aug. 29 to reject a request from the We The People Party to remove Kennedy, its nominee, from the general election ballot. In its decision, the board said it would be impractical to reprint ballots by the Sept. 6 deadline for mailing the first absentee ballots while also noting the additional costs involved in reprinting.
Kennedy filed a lawsuit at Wake County Superior Court accusing the election board of causing him irreparable harm by refusing to remove his name from the ballot.
Wake Superior Court Judge Rebecca Holt ruled against Kennedy’s request on Sept. 5, finding that Kennedy would suffer minimal harm from having his name on the ballot while requiring considerable effort and cost for reprinting ballots by missing out on sending out absentee ballots.
The judge granted Kennedy a 24-hour stay for allowing further consideration by state Court of Appeals regarding this matter which leaves uncertainty about meeting Sept. 6 deadline.
According to Holt’s ruling, unless appellate court sides with Kennedy within this time frame then ballots will need to go out after completion of these 24 hours.
The state election board informed county boards not send out any ballots on morning of Sept. 6 unless they receive confirmation from state board as per email sent by Pat Cox who is NCSBE general counsel and obtained by The Epoch Times.
Cox mentioned in email that if appeals court doesn’t intervene then after conclusion of these 24 hours period they should send out all these pending absentee voting materials and asked them “stay tuned” for last-minute developments.
Meanwhile during court proceedings attorney representing Robert F.Kennedy Jr argued that he had followed all legal procedures required under state law when he presented written request for stepping down as candidate and keeping him on ballot violated his free speech rights because it could confuse voters according Strach who is attorney representing him in this case
State attorneys argued during hearing that reprinting new set without including Robert F.Kennedy Jr’s name will take minimum two weeks which can cause delay beyond federal deadline i.e.September21st when military personnel overseas voters are supposed receive their respective absentee voting materials
“Elections are not just game states are not obligated honor whims candidates office,” said Carla Babb who is North Carolina Special Deputy Attorney General during her argument before Judge Rebecca Holt
Strach contended there’s law allowing states seek waiver September21st deadline whereas Babb argued regulations give elections board authority reject candidate’s request if it’s impractical reprinting new set
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Pat Gannon spokesperson NCSBE told The Epoch Times via email statement early Thursday afternoon county boards elections had received total129400 requests including around12300 military overseas voters requesting their respective absentee voting materials
Gannon also pointed Thursday court filing opposing temporary restraining order requested Robert F.Kennedy Jr where it argues granting such order inflict significant harm both state county boards because almost complete preparation restarting process tremendous cost some financial terms may cost upwards one million dollars removing Plaintiff’s name but logistical terms means reconfiguring different styles used across entire state work must done officials whose plates already overflowing other tasks related upcoming elections
Saga began after initially fighting listed third-party candidate reversed course late August requested have removed battleground states including North Carolina His campaign stated noncompetitive encouraged continue supporting battleground avoid splitting conservative vote