RFK Jr Will Remain On November Ballot, After NCSBE Votes Against Removing Him

By Theresa Opeka
Carolina Journal

The Democrat-majority North Carolina State Board of Elections (NCSBE) voted 3-2 against a motion to remove Robert F. Kennedy Jr.’s name from the ballot for the upcoming Nov. 5 election at an emergency meeting Thursday.

On Friday afternoon, Kennedy held a press conference where he confirmed rumors circulating that he would drop out and support Trump. He explained that his continued candidacy would likely result in a ‘spoiler’ in key battleground states, like North Carolina, meaning he could alter the outcome of the election despite no chance of winning.

NCSBE said the We the People Party, which nominated Kennedy, did not inform them of any plans to change its nomination. An NCSBE spokesperson said if paperwork was officially filed to remove Kennedy from the ballot, NCSBE would have to consider whether it is practical to remove his name from ballots and reprint ballots at that time.

On July 16, the State Election Board voted 4-1 to approve the We the People Party as a political party in the state.

The vote, as it has been throughout the summer, was along party lines. Republican member Kevin Lewis introduced the motion and voted in favor of it, along with fellow Republican member Stacy “Four” Eggers IV. Democrat Board Chair Alan Hirsch and Democrat board members Jeff Carmon and Siobhan Millen voted against it.

Members cited that it would be impractical, given that 1.7 million ballots have already been printed, and would cost counties that had already printed ballots to pay more money to have new ones printed. They also said they had to follow statutes stating that absentee ballots, including those going to military members and citizens overseas, must be sent 60 days before the election or Sept. 6 for this year’s election.

NCSBE Associate General Counsel Adam Steele said that candidates usually have until the Sept. 6 deadline to remove themselves from the ballot. Still, since this request is about presidential and vice-presidential candidates for electors, it is governed by a different statute, NC General Statute 163-209. He said the real decision for the board today is to determine whether it’s practical to reprint the ballots at this point. The statutes and rules that the board is operating under at the meeting are General Statute 163-165.3C, which covers the late changes in ballots, and then Rule 08 NCAC 06b.0104, which effectively says that if there’s a late change in a ballot that comes before the start of the absentee voting period, the determination is about whether it’s practical to reprint the ballots.

Executive Director Karen Brinson-Bell noted that 80 out of 93 counties have already begun producing absentee ballots, and 67 counties have or will receive their supply of absentee by-mail ballots by the end of the day today.

She said it is also estimated that the costs would be in the high six-figure range to reprint the ballots for the vendor that covers those 93 counties.

Bell also noted that any decision by the board today impacts coding and preparation for the entire election, not just absentee by mail.

Eggers asked Steele if there was an exception with G.S. 163-22k to delay the distribution of absentee ballots if they were not written.

Steele said yes, the state board can allow the county boards to send out absentee ballots as they become ready if they weren’t ready by the deadline for sending them out, but it’s not exactly clear what it means by not being ready by that date, and it would be cutting it close to the 45-day deadline to mail ballots to military and citizens overseas.

Eggers asked Bell when she first became aware that Kennedy wanted to withdraw from the ballot. She said she knew about his press conference last Friday but had not heard from his party, We the People. So, she instructed the counties to continue with their proofing processes and work through the weekend to meet the statutory deadline.

NCSBE General Counsel Paul Cox said the board received a set of questions Monday afternoon from We the People and a law firm representing RFK Jr’s campaign on how to withdraw from the ballot. An email was sent on Monday from another person in the law firm, but wasn’t received until Tuesday that had RFK’s signature that he wanted to withdraw, and the party held a committee meeting Wednesday and submitted an official request to remove his name from the ballot.

Eggers said he was troubled that he received a copy of the letter from a person in the law firm representing RFK Jr.’s campaign only 30 minutes prior to this meeting.  

“I’m troubled that I’ve not been getting that information because I think that’s important information for this board to know,” he said. “I’m mindful that in 2022, we had a 12-day pause because the Green Party litigation was ongoing where we asked folks to hold before they printed (ballots), and here I’ve got the combination of information not being provided to me and at least two emails going out from the state directing the counties to continue to spend money on ballot preparation knowing that this issue would likely come before the state board.

So, I’m very disappointed in how the lack of communication from staff has been to the board, and that it seems to me that staff is trying to box us in on what our decision has to be, so I’m disappointed that counties are spending the money and the effort on this knowing this would be an issue.”

Bell said she decided for the counties to keep going because Kennedy wasn’t an unaffiliated candidate, adding that a press conference doesn’t halt anything, and apologized to Eggers, saying all of this had been so fast-moving.  She also said she wouldn’t have had a decision until the board met today.

Carmon and Millen agreed that the We the People Party went to great lengths and that the “board jumped through hoops” to establish it as a party in North Carolina.  

After Lewis’ motion failed, Hirsch asked Cox if they needed to make a motion to keep Kennedy on the ballot. Cox said yes, specifically stating the practicality of reprinting ballots.

Carmon made the motion to keep Kennedy on the ballot due to the deadline and the cost to the counties of reprinting it. Hirsch told him to add that it’s impractical to the motion, which Carmon did.

“So, what we’re doing now is really unnecessary?” Lewis asked.

Hirsch replied, “Probably right. We’re just being assured that we’re checking all the appropriate boxes.”

“So, if this motion passes, what we’re trying to say is that it couldn’t have been done?” Lewis countered. Is that what’s behind it?  Because I believe it could have been done.”

Hirsch said the motion is that it’s impractical at this stage.

“So, the conclusion is our decision has already been made for us?” Eggers asked.

“I think the decision was made for us when the party didn’t remove him weeks ago,” Carmon stated.

He also stated that he thinks he, Hirsch, and Millen deserve an apology.

“The three members who have received such notoriety for allegedly taking steps to keep Mr. Kennedy off the ballot are now the three that are keeping him on the ballot,” he said. “I hope those individuals that took the time and expense to put that out there will also take the time and expense to issue an apology.”

Theresa Opeka is the Executive Branch reporter for the Carolina Journal.